beta
(영문) 창원지방법원 진주지원 2021.01.14 2020고단1423

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal record] On April 10, 2018, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint confinement) in the Daegu District Court Kimcheon-cheon Branch on April 10, 2018, and on December 24, 2018 during the execution of the sentence, the Defendant was released on December 24, 2018 and the parole period expired on March 18, 2019.

[Criminal facts]

1. Around May 23:41, 2020, the Defendant driven a motor vehicle with a fluorro, under the influence of alcohol leveling 0.093% from a 50-meter section under the influence of alcohol leveling 0.093% from the 50-meter section from the C convenience store in Jinju to the front road in D.

2. On May 9, 2020, the Defendant: (a) arrested as a current offender due to drinking alcohol, as indicated in the preceding paragraph, and was compelled to go back to the H strike located in G at the Jinju-si; (b) took the police officer belonging to the above police box to take a bath to the police officer in a large sense; and (c) took the person to receive his head from the police officer, etc.; and (d) took the part of the part of the first left part of the police officer, who was the police officer belonging to the above police box, carried out his head from the above police officer.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. 112 Report processing table, notification of the results of crackdown on drinking driving, report on the situation of the driver in charge, on-site photographs, damaged photographs, on-site CCTV, video CDs, interference with official duties;

1. Previous conviction in a report on investigation (on-site situations, etc.): Application of a reply to inquiry, such as criminal history, copy of the judgment, and the current status of personal confinement;

1. Relevant Article 148-2 (3) 2, and 44 (1) of the Road Traffic Act (the point of drinking, the choice of imprisonment, and the choice of punishment) concerning criminal facts, as well as Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties and the choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The sentencing period of Article 37 (former part), Article 38 (1) 2, and Article 50 (1) of the Criminal Act is the period of repeated crime for which concurrent crimes are aggravated.