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(영문) 수원지방법원 2016.10.21 2016고단2784
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around 01:10 on March 28, 2016, the Defendant driving a vehicle of 2 km C with 3 km from the front of the “non-falking” road located in the wife Kim Quantity-dong in the state of alcohol 0.114% of alcohol while under the influence of alcohol at 0.114% of the blood, to the front of the “non-faling” road in the wife Kim Falk-dong in the state of drinking.

2. On March 28, 2016, around 01:50, the obstruction of performance of official duties and the Defendant: (a) reported the fact that the Defendant’s female-friendly Gu was committing suicide; and (b) reported the same that the Defendant’s female-friendly Gu was committing suicide; and (c) reported the occurrence of a defective drinking run in order to identify the Defendant and to verify the Defendant’s personal information; (d) the escape was likely to lead to the occurrence of a defective drinking run; and (e) the victim’s knife knife knife knife knife knife knife and knife knife

As a result, the Defendant assaulted the police officer who is performing legitimate official duties on the dispatch of the 112 Report site to interfere with the performance of official duties, and at the same time he saw the victim E as a scambling of the chest that requires treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The police statement concerning F;

1. The circumstantial report of an employee;

1. Notification of the control of drinking driving;

1. A medical certificate;

1. Photographss of the damaged part, photographs at the scene of occurrence, video data, etc.;

1. Application of each CD-recording statute to on-site CCTV data;

1. Relevant Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 136 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act concerning the crime;

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. As to the assertion of the Defendant and the defense counsel under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for the suspended sentence).

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