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(영문) 광주지방법원 2017.10.19 2017고단3643
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On July 1, 2017, the Defendant violated the Road Traffic Act (drinking driving), according to the Defendant’s circumstantial statement report (19 pages of the investigation record) around July 22:50, 201, the date and time of detection of drinking alcohol in the instant case was around July 1, 2017, and the “23:25 occasions” as the time the Defendant committed the indictment, is obvious in writing, and thus, the Defendant ex officio correction is made to the extent that it does not interfere with the Defendant’s exercise of right to defense.

The vehicle C was driven in the state of alcohol concentration of approximately 0.196% from the 300-meter section of the blood alcohol level to the above apartment house 300-dong, from the 300-dong apartment house due to the south of Gwangju Mine-gu.

2. On July 1, 2017, the Defendant obstructed the performance of official duties, at around 23:15, the Defendant 112 reported to the effect that he driven a 30-dong apartment house in front of the 308-dong parking lot located in Gwangju Mine (hereinafter the same shall apply to the Defendant driving a drinking at the 308-dong parking lot). The Defendant shicked the slope E and the chill of the Gwangju Mine Police Station D Police Station, which called out upon receiving a report, for the measurement of drinking, boomed the bath and face of E by both hand, pl up the E’s left hand, pl up the E’s four hand, shick and f’s breast part by hand, etc.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to F and E;

1. G statements;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The 112 reported case handling table; and

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking) of the same Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment for each sentence;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment shall be aggravated within the scope of the sum of the long-term punishments as determined by the obstruction of the execution of heavier official duties, and the punishment for two concurrent crimes: Provided, That the lower limit shall be the penalty as provided for the crime of violating the Road Traffic Act;

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