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(영문) 서울동부지방법원 2018.05.31 2018고단925
공무집행방해등
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 March 18, 2018, the Defendant: (a) around 20:45 on March 18, 2018, 2018, the Defendant was seated at a driver’s seat while leaving the operation of CTL XG car at one lane in the Han River Park in the vicinity of Gwangjin-gu Seoul Special Metropolitan City, Seoul, while discovering the Defendant’s vehicle at stop and making inquiries as to whether the Defendant was drunk, while the Defendant was asked by the police officer affiliated with the police box in the Gwangjin-gu Seoul Special Metropolitan City Police Station D police Station that discovered the Defendant’s vehicle at stop and suspected of driving the Defendant’s drinking.

As a result, the defendant assaulted police officials to interfere with legitimate execution of duties on the crackdown on drinking and the protective measures for drinking.

On January 5, 2012, the Defendant was sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act at the Seoul Western District Court on January 5, 2012, and on November 1, 2013, the Seoul Western District Court issued a summary order of KRW 5 million for the same crime.

[2] On March 18, 2018, around 20:10, the Defendant driven a Cart XG car while under the influence of alcohol content 0.234% from the 2km section from the 2km road in Gwangjin-gu, Seoul to the 293-ro, Agsan-ro, Seoul Special Metropolitan City, to the 227-ro, Jinyang-ro, the same Gu.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

"2018 Highest 925"

1. Statement by the defendant in court;

1. A report on internal investigation and investigation report (including all accompanying photographs and images);

1. Data from cell phone image to cell phone: "2018 Highest 1052";

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. An explanatory note;

1. Application of statutes on site photographs;

1. Paragraph (1) of Article 136 of the Criminal Act (the point of obstructing the performance of official duties) and Article 148-2 (1) of the Criminal Act concerning criminal facts are omitted in the indictment, but it is obvious that it is a clerical error.

head of subparagraph 1, Article 44(1)(the point of drinking), and each decision of imprisonment with prison labor or more

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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