Text
A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2014 Highest 3585] On October 5, 2014, at the C District Office of the Daejeon Police Station, the Defendant: (a) took a serious bath for the Defendant on the grounds that the victim D (Nam, 46 years of age) who was sloped requested a drinking measurement; (b) took the victim’s bath from the victim; (c) took the victim’s breath from his hand; and (d) took the victim’s breath from his hand; and (d) took the victim’s breath, breath, etc., and obstructed the police officer’s legitimate performance of duties concerning the measurement of drinking.
[2014 Highest 4029] Around 10:20 on October 5, 2014, the Defendant, while under the influence of alcohol 0.184% of alcohol level, was driven by Efranchising about about 1 km from the front day of the Seosung-dong Seodong So-dong So-dong So-dong, Daejeon, to the front day of the same Gu-dong Do-dong Do-dong.
Summary of Evidence
[2014 Highest 3585]
1. Defendant's legal statement;
1. Statement made by the police with D (2014 highest 4029);
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;
1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [Scope of recommending punishment] The consideration of the crime of obstruction of performance of official duties, obstruction of performance of official duties (type 1), basic area, six months to one year and four months (Pronouncement 8 months), prison labor, eight months to one year and four months (Pronouncement 8 months), efforts to recover damage that has no past record of criminal punishment (deposit of KRW 300,00), victim's wife's intent, serious reflectivity, and social ties, etc.