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(영문) 의정부지방법원 2013.08.30 2013고단2058
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 20, 2009, the Defendant is a person who has violated Article 44(1) of the Road Traffic Act by being issued a summary order of a fine of three million won or more at a governmental district court on March 20, 200 to a fine of three million won or more due to a violation of the Road Traffic Act (driving) or by being issued a summary order of a fine of three million won or more due to a violation of the Road Traffic Act at a governmental district court on May 15, 2009.

At around 20:55 on June 26, 2013, the Defendant driven the B car at approximately two kilometers in front of the restaurant “Seoul Han River” located in 646 Dong-dong 646, from the day on which the C car is under the influence of alcohol by 0.197% in the blood alcohol concentration.

2. On June 26, 2013, the Defendant interfered with the performance of official duties: (a) at the police box located in Namyang-si, Namyang-si; (b) as described in paragraph (1), when a police officer voluntarily flaged on the charge of drunk driving, she laid down the wall and took a large amount of care of the wall without any particular reason; and (c) when the police officer voluntarily flaged on the charge of drunk driving as described in paragraph (1), the Defendant flaged the police officer’s legitimate performance of duties related to the investigation of the crime by threateninging the police officer E by threateninging the police officer, who was on his/her hand, while taking a bath to the police officer E, who was working in his/her computer, to remove the computer monitor while going beyond his/her hand.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Computer monitoring photographs of a police box filled by the defendant;

1. Investigation report (videos on the damage to public goods of a suspect);

1. Investigation report (report on the details of telephone conversations with E of reference witnesses);

1. Previous convictions in judgment: Application of the Acts and subordinate statutes to inquiry reports, investigation reports (formers and accompanying reports of decisions);

1. Relevant Article of the Criminal Act, Article 136 (1) of the Criminal Act, Articles 148-2 (1) 1, and 44 (1) of the Road Traffic Act (the point of drinking alcohol driving at least three times), the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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