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(영문) 인천지방법원 2018.04.13 2018고단209
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Around 14:35 on December 10, 2017, the Defendant: (a) driven an Estststun vehicle under the influence of alcohol content of approximately 27.4 km from the Korea Water Quality Heat Treatment (State) located at 76,00 a.m. 144 m. in the city of Gyeonggi-gu to the roads front of the D cafeteria located in Seo-gu Incheon Metropolitan City around 15:30 on the same day; (b) the Defendant driven an Eststun vehicle under the influence of alcohol content of about 0.138% in blood.

2. On December 15, 2017, at around 15:55, the Defendant obstructed the performance of official duties, at around 112, the Defendant: (a) taken a 112 report in front of the D cafeteria located in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu Police Station F Rabbing G, which was called up and taken a test of alcohol alcohol and demanded the preparation of a written consent to collect blood; (b) accordingly, the Defendant refused it on two occasions; (c) taken the chest of the police officer at hand; and (d) taken the face of the police officer at one time as a drinking.

As a result, the suspect assaulted the police officer to interfere with the legitimate execution of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to report the circumstantial statement of a driver driving and notify the results of regulating drinking driving;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning criminal facts, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) of the same Act;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of the recommended sentences according to the sentencing criteria;

A. Inasmuch as the Sentencing is a concurrent crime with the following crimes for which no Sentencing is set (driving of alcohol) and the Sentencing is set, it is necessary to observe the lower limit of the Sentencing within the scope of the applicable sentencing range in light of the need for respect for the Sentencing, in light of the need for respect for the Sentencing:

(b) Class 1 (Interference with the Execution of Official Duties) that interferes with the performance of official duties in Class 2 (Interference with the Execution of Official Duties). The basic area (six months to one year and six months).

2. The crime of this case in which the sentence of sentence was determined.

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