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(영문) 수원지방법원 안산지원 2018.10.26 2018고단2568
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 17, 2018, the Defendant driven B buses under the influence of alcohol with approximately 0.188% alcohol concentration at the distance of approximately 861m from the 3th day of Ansan-si members of Ansan-si around 122 to the 416th day of Ansan-si, an Ansan-si, a member mountain-ro 416 to the front day of Ansan-si.

2. On June 17, 2018, the Defendant: (a) around 22:40, the Defendant obstructed the performance of official duties on the road parked in front of the 416 U.S. mountainous district located in Ansan-si, Seoul-gu, Seoul-si, in order to control drinking; (b) after the Defendant requested the collection of blood, the expenses of the police station of the U.S. member, the transportation of the police station of the C, and the Gyeong-gu, the Gyeong-si, the knife of the said D’s hand, thereby leaving the knife and continuing to go beyond the knife of the knife with the knife.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the control of drinking alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes governing alcohol appraisal among the blood;

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. 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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant is driving under the influence of alcohol, and the use of violence to police officers during the crackdown, thereby hindering the legitimate execution of duties, and the quality of such crime is not somewhat weak.

However, in full view of the facts charged by the defendant, the fact that the defendant has no record of punishment exceeding the fine, the age, sex, environment, circumstances of the crime, circumstances after the crime, etc., and the sentencing conditions as shown in the trial process, etc., the punishment is imposed as ordered.

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