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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around 20:20 on May 27, 2019, the Defendant driven a d1 ton of solid freight with a blood alcohol concentration of about 0.096% from the section of about 20km to the road front of the Southern-si, Southern-si, where the trade name in Gyeongnam-gun B is unknown.
2. The Defendant, at the time stated in Paragraph 1, caused an accident where the freight vehicle, as stated in Paragraph 1, driven the freight vehicle specified in Paragraph 1 in drinking condition and passed the front road of the Southern City, in front of the Southern City. The Defendant caused an accident where the said freight vehicle was slicked from the slabway, and the rear wheels part of the freight vehicle was omitted on the drainage way installed on the road.
In addition, the Defendant: (a) discovered the above traffic accident by the police officer F by the police officer F of the Namwon Police Station Estation where he was in the patrol; (b) refused to take a drinking test; (c) refused to take a drinking test from F; (d) who was requested by F to take a drinking test from the latter F; and (e) escaped from the above road G level.
Accordingly, the Defendant, who is a driver of driving away from the Defendant, intending to keep the F in front of the Defendant, was to keep the F from drinking towards the direction of the F, and to keep the F’s chest over the floor by hand.
Accordingly, the defendant interfered with the legitimate execution of police officers' duties on traffic accident handling and drinking control.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. Application of the Acts and subordinate statutes on video CDs for police officers, five copies of the vehicle involved in the accident and the suspect photograph, five photographs taken by the damaged police officers, and five copies of the photograph;
1. Article 148-2 (2) 3 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 136 (1) of the Criminal Act (amended by Act No. 16037, Dec. 24, 201);
1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;