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(영문) 대전지방법원 천안지원 2019.09.25 2019고단1868
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

1. Around 20:05 on May 28, 2019, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.165% 0.165%, the Defendant driven a DNA car in the section of about 4km from the front side of the cross-defluence vehicle in the Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-si to the front side of the road in the Seoan-gu, Seoan-gu.

2. On May 28, 2019, the Defendant attempted to damage the victim E, who was parked there in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, to walk the front panion of the Fchip car owned by the victim E, but failed to commit an attempted crime due to the destruction of the vehicle.

3. On May 28, 2019, the Defendant assaulted the Defendant who destroyed the vehicle as above at the place indicated in paragraph (2) at around 20:29 on May 28, 2019, when the Victim G was obscencated to the victim’s head due to his/her marithization.

4. On May 28, 2019, the Defendant: (a) reported at the place indicated in paragraph (2) around 20:41 on May 28, 2019, 112 that “a person who was requested by the police officer of the Y of the Yan Western Northern Police Station to take a drinking test at the dormitory parking lot,” who was called “a person who was in need of a drinking test by the police officer assigned to the H box of the Y of the YY station, who was under the influence of alcohol, was able to take a bath, and assault I’s face at one time for drinking.”

Accordingly, the defendant interfered with the police officer's legitimate 112-report handling of the case.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Each written statement of E, G and J;

1. Investigation report ( telephone conversations with victims);

1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;

1. Application of F vehicle photographs, police officers' assault and shot photographs, and statutes governing police officers' photographics;

1. Article 148-2(2)2, Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); and Articles 371 and 366 of the Criminal Act’s written indictment shall be written in error.

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