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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On September 24, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (organization and activities of organizations, etc.) at the Daegu High Court on September 24, 2014, and completed the execution of the sentence at the Daegu Prison on March 13, 2015.
1. On March 2, 2017, around 00:30, the Defendant: (a) while driving a coos car on the front side of the Seoul Southernbuk-gu, Seoul, under the influence of alcohol content of approximately 0.106% on the blood on the road; (b) when receiving a report on a drunk driving and receiving a request for a alcohol test from F and G for a police officer belonging to the Seoul Gangnam-gu, Seoul, the E District Police Station E-gu, Seoul, which called for a alcohol driving, the Defendant: (c) committed assaulting the above police officers, such as: (d) threateninging the said police officers to take the coos of the vehicle, which is a dangerous object, to escape from being punished for a drunk driving; (d) having been subject to the punishment for a drunk driving.
As a result, the defendant carried dangerous objects and carried them in order to perform his/her duties properly.
2. On the same day, the Defendant driven a coo vehicle under the influence of alcohol content of approximately 0.106% in the section of approximately 2.2 km from around 00:30 on the same day to before the alley-ro 13 of the same Gu-ro 13 to the alley-ro 13 of the same Gu-ro 9-13.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement concerning G and F;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions: Inquiry into criminal history, current status of personal confinement, report on criminal investigation (prior convictions and confirmation of criminal records of the same kind), application of each written judgment-related statute;
1. Article 144(1), Article 136(1) (a) of the Criminal Act for the crime concerned; Article 148-2(2)2, and Article 44(1) of the Road Traffic Act for the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Aggravation concurrent crimes;