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(영문) 수원지방법원 안산지원 2014.04.11 2014고합63
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.Provided, That the above punishment shall be executed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On February 24, 2014, the Defendant, while under the influence of alcohol at approximately 0.092% of blood alcohol concentration, driven a Cbea cruise motor vehicle and driven approximately 10km on the front road of 49 block Cbea-dong, Yari-si, Sinung-si, Yari-si, about 46 block 1856-7.

2. The Defendant was demanded from D to respond to the measurement of alcohol so that it was discovered that the Defendant driven the said vehicle on the front of a bus terminal in front of the city interesting comprehensive bus terminal, which was located in 225 in the city interesting city in the above temporary border, and was found to have a drinking-free test as a result of a drinking-free test at the superintendent D’s request from the Si interesting Police Station, which controlled the drinking driving.

However, the Defendant did not comply with the above demand for alcohol measurement and carried a window on the driver’s seat of the above vehicle in order to stop the Defendant’s escape, while driving the above vehicle, which is a dangerous object, leading D about about 20 meters, and moving D over the floor bypassing D, thereby causing injury to D, such as climatic salt, slovas, slovas, and dives that require D to take approximately three weeks of medical treatment.

Accordingly, the defendant carried dangerous articles and caused the injury to public officials who perform duties of regulating drinking driving.

Summary of Evidence

1. Defendant's legal statement;

2. Statement made by the police against D;

3. The circumstantial report of an employee;

4. Application of Acts and subordinate statutes of a medical certificate;

1. Article applicable to criminal facts;

(a) Injury resulting from a special obstruction of performance of official duties: the proviso of Article 144(2) and Articles 144(1) and 136(1) of the Criminal Act;

(b) A point of drinking: Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act;

2. 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 (Aggravation of concurrent crimes to the extent that the punishment is added up the maximum term of the punishment for causing bodily injury to special obstruction of performance of official duties, which

3. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

4. Suspension of execution under Article 62 of the Criminal Act;

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