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(영문) 서울북부지방법원 2018.05.31 2018고단1257
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 March 28, 2018, the Defendant violated the Road Traffic Act (drinking) driving approximately 50 meters from the Seoul Dongdaemun-gu to the Dongdaemun-gu in the state of 0.119% alcohol concentration among blood transfusion around 06:00.

2. Around 06:00 on March 28, 2018, the Defendant interfered with the performance of official duties and the Defendant injured the Defendant: (a) took a bath to the police officer G, who was dispatched after receiving a 112 report on fighting and driving alcohol in the Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, Seoul, Police Station of Dongdaemun-gu, Seoul, to “I see why I am going to do so; and (b) took a bath to the effect that “I am going to do so because I am going to do so because I am going to do so; (c) I am to the left part of the victim’s left part, obstructed the police officer’s performance of duties while performing legitimate public duties; and (d) at the same time, the victim suffered injuries, such as salt, tension, etc. in need of two weeks of care, and suffered injuries to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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. For the reasons for sentencing in Article 62-2 of the Criminal Act for the protection and observation of the protection and Article 62-2, the scope of the final sentence due to multiple aggravated crimes (one-one-one-half-half-year), which are the basis area of sentencing [the scope of the recommended punishment] of the aggravated (6-two-year general injury) [the scope of the recommended punishment] in the case of interference with the performance of official duties, the basic area (6-one-one-one year and six months] of the first category of crimes (the absence of a special sentencing person] (one-one-one year and six months): the lowest limit of the punishment from June-2 to September.

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