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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
On September 10, 2007, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Changwon District Court on September 10, 2007, and a fine of KRW 3 million for the same crime at the same court on November 2, 2009.
On December 27, 2012, the Defendant: (a) while under the influence of alcohol with 0.057% of blood alcohol concentration around 21:00, the Defendant planned a 2 km distance from the 46th Myeon-ri, Changwon-si's window to the front road of the Hoho apartment located in the same Myeon-ri in the same Myeon-ri.
"2013 Highest 42"
1. On December 31, 2012, at around 02:45, the Defendant interfered with the performance of official duties by assaulting the police officer’s legitimate performance of duties concerning the maintenance of order in the manner of “GS25’s convenience stores,” which are located in the 36-3-dong of Changwon-si, Changwon-si’s window 36-3, the police vehicle in the vicinity of the police vehicle during the patrol, taking a bath for the police vehicle belonging to the Changwon Police Station C District D, preventing the police vehicle, taking a bath for the above D who continued to take a police vehicle at the police vehicle, keeping the police vehicle in his/her hand, keeping him/her away his/her body, and blue him/her two times the face of the said D.
2. The Defendant caused property damage, at the same time and place as the preceding paragraph, twice the victim’s face face part in elblue, as above, and had the victim wear an sacity.
Accordingly, the defendant damaged the 30,000 won of the market price of the victim.
Summary of Evidence
"2012 Highest 3826"
1. Statement by the defendant in court;
1. A report on detection of a host driver;
1. Criminal history records, etc. inquiry reports and summary orders "2013 Highest 42";
1. Statement by the defendant in court;
1. Statement made to D by the police;
1. Application of the receipt statute
1. Relevant legal provisions concerning the crime, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties), Article 366 (1) of the Criminal Act (the point of causing damage to property), and the choice of imprisonment for each sentence;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;