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(영문) 인천지방법원 2014.10.02 2014고단5054
도로교통법위반(음주운전)등
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 of the final judgment.

Reasons

Punishment of the crime

1. Around 00:43 on May 14, 2014, the Defendant driving a DNA-learning car under the influence of alcohol with approximately 100 meters alcohol concentration 0.167% from the 100-meter section from the south-dong Incheon Nam-ro 14-ro, Nam-gu, Incheon to the front day of the C cafeteria in B.

2. The Defendant interfered with the performance of official duties on the road in front of the C cafeteria parking lot under the preceding paragraph: (a) the police officer E belonging to the Incheon Southern-dong Police Station, who was called out after receiving 112 a report by the Defendant, caused considerable grounds to suspect that the Defendant carried out drinking driving, such as snicking a large amount of drinking in the Defendant’s entrance and inaccurateness of drinking, etc.; and (b) the person who was requested to take a drinking test by hand put E arms and put E face at one time.

As a result, the defendant interfered with legitimate execution of duties concerning the maintenance of police officers' order and investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, G, E, and H;

1. The application of Acts and subordinate statutes to the report on the results of the crackdown on drinking driving, the report on the circumstantial statement of a drinking driver, the consent to blood collection, the request for appraisal of blood alcohol concentration, each investigation report, the photograph of the vehicle under influence and the road condition photograph of the drunk driving, the request for appraisal and the report on detection of drinking drivers;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act and Article 136 (1) of the Criminal Act concerning criminal facts;

1. Selection of imprisonment with prison labor chosen;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment heavier than the punishment shall be aggravated within the scope of the sum of the long-term punishments of the above crimes, and the punishment shall be aggravated: Provided, That the lowest sentence shall be determined by the Road Traffic Act, and it shall apply);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences under law: Imprisonment with prison labor, from six months to six years.

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