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(영문) 수원지방법원 2017.05.31 2013고단3401
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around March 23:30, 2013, the Defendant violated the Road Traffic Act (breathing) driving the Bone Star Sheet under the influence of alcohol level of about 0.173% from a section of about 1km from around the roads in which the house was adjacent to the Suwon-gu Suwon-si, Suwon-si, Gyeonggi-do, and then the house was under the influence of alcohol level of about 0.173% from the roads in which the house was adjacent to the same Gu sperm.

2. On March 10, 2013, at around 00:19, the Defendant: (a) committed assault on the part of the Defendant at the D District located in Suwon-si, Gyeonggi-do; (b) on the ground that, in the D District located in Suwon-si, E, a policeman affiliated with the said District, asked him to take a motive for drinking alcohol; (c) inform him of the details of driving driving; and (d) intends to affix a seal to a circumstantial report, the Defendant: (a) committed assault on the part of the Defendant’s head left part of the said E at one time.

Accordingly, the defendant interfered with legitimate execution of duties concerning investigation duties by police officers.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made in preparation of a letter of apology to E;

1. Application of Acts and subordinate statutes to photographs, blood alcohol appraisal certificates, investigation reports (F statement, G statement), and reports on detection of drivers at the time of detection;

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

1. The former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes - The unfavorable circumstances of the sentencing are considerably high in alcohol level among the blood of the defendant - The risk of the occurrence of an accident that was diving on the road on the road after drinking. - The circumstances favorable to a police officer’s legitimate performance of duties and violence are obstructed, and the nature of the crime is pleasure by exercising violence. - The defendant has no history of being subject to the punishment of suspension or higher of qualifications. - The degree of physical strength of the defendant inflicted on the police officer is taken into account. The sentence as ordered in consideration of all the sentencing conditions revealed in the trial process in the above circumstances.

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