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(영문) 광주지방법원 2013.07.04 2013고단2000
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

- At around 23:50 on March 11, 2013, the Defendant driving a C-A-hump car owned by the Defendant under the influence of alcohol content 0.191% from the 10km section of Gwangju Northern-gu up to the alley road, around 00:30 on March 12, 2013, at around 10:0:30, the house located in the B-humb-dong in the B-gu B-gu B-gu B-gu, Gwangju to the alley road.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act or subordinate statute of the written consent to the collection of blood, written blood alcohol appraisal and investigation report (with respect to calculation of the post-driving mark);

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., the Defendant, while drinking, caused patrol cars and speed in an expressway, caused the accident with patrol cars, and escaped by driving the main road and the alleys, etc. in the city.

Considering the risk of the public sector caused by the defendant in such a series of processes, there is a need to confluence the judgment by sentencing strict punishment to the defendant.

However, there are also many circumstances that the defendant seems to have sufficient opportunity to reflect during the period of detention under the instant case, and that the sentencing balance with other drinking driving cases should be taken into account.

Comprehensively taking account of the circumstances and results of the judgments, the results of the assessment before the judgments, the results of the sentencing, and other factors for the sentencing as prescribed in Article 51 of the Criminal Act, the sentence shall be

Parts of innocence - Points of special obstruction of performance of official duties or damage to special public goods

1. The Defendant’s summary of the facts charged in this part of the charges is ahead of the “gambags” located in the Dong-dongdong-dong, Gwangju, on March 12, 2013.

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