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(영문) 제주지방법원 2016.05.04 2016고단467
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 10, 2016, the Defendant driving a D Kazon under the influence of alcohol concentration of approximately 0.128% from around the road front of the airline box located in Seopo-dong, Seopo-si, Seopo-si, Seopo-si, to the parking lot of "Cwak" in the same city, at approximately 250 meters.

2. On March 10, 2016, the Defendant interfered with the performance of official duties, who was requested by F to present an identification card after measuring drinking at the above “Cwaow” parking lot located in Seopo-si E, Seopo-si, Seopo-si, the Defendant: (a) was requested by F to present an identification card; (b) the same bit of bitch, bitch, bitch. The inside of the country shows a license.

“I wish to leave the scene” and to leave the site, and the police officer sent the front of the street, “I am inside, I am hack. I am kb kb,” and assaulted the body of the police officer five times by his flab and body.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the prevention and suppression of crimes by police officers who wear uniform.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. A written statement of the G production;

1. Inquiries about the results of regulating the driving of drinking, notification of the results of regulating the driving of drinking, and statement of the situation of the driver;

1. A traffic accident report;

1. Investigation report (on-site conditions) and investigation report (the distance from the point of a traffic accident to the point where a person under consideration parks his/her driving vehicle);

1. Application of the Acts and subordinate statutes on photographic records and video CDs;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking) of the same 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 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows: The fact of crime is recognized and reflected in the circumstances that are favorable to the determination of the sentence as ordered: the crime is committed, and the crime of violating the Road Traffic Act is committed.

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