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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On July 18, 2018, the Defendant: (a) driven C Poter cargo under the influence of alcohol concentration of about 0.188% at a distance of about 800 meters from a main point where it is impossible to find out the trade name near the flow distance of the Madong, Seo-gu, Incheon, Seo-gu, Incheon to drive the C Poter truck under the influence of alcohol concentration of about 23:27 meters from the same day to the front of the same Gu B.
2. On July 18, 2018, around 23:27, from the police officer E belonging to the Incheon Western Police Station D District, who was dispatched after receiving a report from 112 on July 18, 2018 to the Seo-gu, Incheon, Seo-gu, Incheon, and sought an explanation on the measurement of drinking and the collection of blood.
“A police officer’s legitimate performance of duties by the police officer at one time on his/her right hand at the same time.”
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Each police statement made to F and E;
1. A traffic accident report;
1. Statement of the circumstances of the driver involved in driving;
1. Application of each statute on photographs;
1. Relevant legal provisions of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of official duties), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for each type of crime;
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 (Considering circumstances, such as the reflective fact and the primary fact)
1. The community service order under Article 62-2 of the Criminal Act;