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1. The defendant shall be punished by imprisonment for eight months;
2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
around 03:20 on May 30, 2017, the Defendant driven under the influence of alcohol, such as a 1st floor parking zone 260 zone of the 1st floor underground of the Busan-gun Apartment-gun, Busan-gun, and a Doromob dar dar fried car parked in the place after receiving a report that he/she shocked the E 7th vehicle parked in the place, and he/she driven under the influence of alcohol, such as a redlight on the face, a flag G et al. of the F District, where he/she was dispatched to the place after receiving a report that he/she shocked the E 7th vehicle parked in the place.
There is a reasonable reason to determine a person who has been requested to respond to the measurement of drinking by inserting approximately 30 minutes the whole in a drinking measuring instrument.
Nevertheless, the Defendant dumped a drinking measuring instrument, avoided it, and failed to comply with a police officer's request for a drinking test without justifiable grounds.
around 03:20 on May 30, 2017, the Defendant: (a) driven a D car while under the influence of alcohol at the first floor parking lot of the Busan-gun Apartment-gun, Busan-gun, and parked at that place.
K7 The car was shocked and locked in the vehicle.
The Defendant: (a) the police officer called up upon receiving a report in 112, caused the Defendant to wear the door of the driver’s seat, and demanded a alcohol measurement; (b) caused the Defendant to take a alcohol measurement on the vehicle; and (c) caused the police officer’s hand to get off the hand of G on one occasion; and (d) assaulted the police officer’s part of H by his hand.
As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reports.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement protocol with H and G;
1. Notification of the results of regulating drinking driving;
1. Application of Acts and subordinate statutes on investigation reporting;
1. Relevant Article 136(1) of the Criminal Act concerning the facts constituting an offense; Article 148-2(1)2 and Article 44(2) of the Road Traffic Act; Articles 148-2(1)2 and 44(2) of the same Act; the choice of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Order for community service and attending lectures;