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(영문) 부산지방법원 2017.09.21 2017고단3181
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. Around 23:01 on May 23, 201, the Defendant driven a car in C with alcohol content of about 0.210% from a new church parking lot located in 218 o-gil-ro, Busan Dong-gu, Busan to the front road of the new church.

2. On May 23, 2017, the Defendant who interfered with the performance of official duties was requested from an slope D belonging to the Busan East Police Station, who was dispatched to the scene after receiving a report on a drunk driving on May 23, 2017, to take a drinking test. “The Defendant only scam in the church parking lot, but the Defendant is driving without a driver’s license.”

“To leave the scene,” and to this end, the Busan East Police Station E District F, a slope F, who was affiliated with the Busan East Police Station, was assaulted by the f, such as having the f, f, f, f, f, f, f, f, f, with f

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each investigation report (each time 10, 11, 14);

1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver driving and the results of crackdown on drinking driving;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 148-2(2)1 and 44(1) (the point of drinking alcohol) of the Road Traffic Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each sentence;

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 53 and Article 55 (1) 3 of the Criminal Act (i.e., reflective points and drinking for the first time, etc.);

1. The main reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is very heavy, and the criminal liability of the defendant who obstructed the performance of duties by the police officer who intends to regulate it is extremely short, but the driving of drinking is the first one, the distance of driving is considerably short, and the defendant is sentenced to a fine of 50,000 won due to the violation of the Punishment of Violences, etc. Act (joint injury) on September 21, 2015, except for the defendant who was sentenced to a fine of 50,000 won.

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