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(영문) 대구지방법원 2016.06.16 2015고단5191
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

On September 14, 2015, the Defendant driven Epoter II truck under the influence of alcohol content of about 0.130% from the 6km section to the front of the D Driving Institute located in C, on which it is impossible to know the trade name located in the cover of the medicinal length of the Glock-gun, Glock-gun around 17:50 on September 14, 2015.

The Defendant, around 18:30 on September 14, 2015, 2015, 2015, 6052, was dissatisfied with the fact that the Defendant was under influence of drinking on the road in front of a Doldong Doldong Doldong Doldong, and was under influence of drinking on the site, and did not see the F in charge of the traffic control of the Doldong Police Station that was under the influence of drinking on the site, even though he was under the circumstance that he was under the control of drinking on one occasion.

the same time as the date of death;

From now on 15 days of license, she will die with the probability of the spacte-only gum.

“Intimidating” and assaulting the victim’s breath by threatening the victim’s breath.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the field of drinking driving.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (work logs for victimized police officers, and site situations at the time);

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. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking alcohol) and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

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 on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Concurrent offenses for which no basic area (from June to one year and four months) exists in the first category (Interference with the performance of official duties and coercion of duties) of the types of Class 1 (Interference with the performance of official duties) of the punishment according to the sentencing guidelines: Violation of Road Traffic Act does not set the sentencing guidelines, and therefore, compliance with the lower limit of the said recommended punishment is limited to the said lower limit of the punishment;

2. Determination of sentence;

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