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(영문) 서울남부지방법원 2014.11.27 2014고단4023
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. On October 23, 2014, at around 09:05, the Defendant driven a d SM5 car under the influence of alcohol content of about 0.123% from the 1km section from the front side of a drinkinglley in the Gangseo-gu Seoul Metropolitan Government Seodong to the lower bottom of the 1stm section of the Seoul National Assembly.

2. On October 23, 2014, around 09:10 on October 23, 2014, the Defendant was subject to the investigation of the details and case circumstances from G (the age of 49) who was an inspector belonging to the Seoul Yangcheon Police Station F District Unit and H (the age of 31) who was dispatched to the site after receiving 112 report that the Defendant had a vehicle for drinking and caused an accident of contact on the road located in Yangcheon-gu Seoul Metropolitan Government E.

피고인은 위 G으로부터 사건경위에 대하여 질문을 받자 “씹할 놈아 사고는 무슨 사고야”라고 욕설을 하며 손으로 위 G의 멱살을 잡고, 어깨로 위 G, H의 몸을 수차례 밀치고, 지원요청을 받고 출동한 서울양천경찰서 F지구대 소속 경위 I(45세)이 합세하여 피고인을 제압하려 하자 손과 발을 마구 휘둘러 위 G의 오른손을 1회 걷어차고, 위 H의 왼손을 1회 할퀴고, 위 I의 오른쪽 다리를 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in relation to 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, H and I;

1. A report on the actual state of the driver;

1. Application of each statute on photographs;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 136 (1) of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service Order Act is based on the circumstances leading to the obstruction of the performance of official duties of this case, the degree of interference, etc.

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