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A defendant shall be punished by imprisonment for six months.
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
[Reference Facts] The Defendant, while under the influence of alcohol around 00:40 on September 7, 2017, driven a rocketing taxi and proceeded with one lane by negligence in the course of driving the two lanes in front of the tunnel of the 1st century located in the U.S. in Busan Metropolitan Do, Busan Metropolitan City.
B Driving received a B B B-L car in the B-L.
On September 7, 2017, the Defendant received a report of B B 112 on the road above around 01:05 and received a request for a breath measurement from a police officer D, etc. belonging to the Busan Coast Guard C District of the Busan Coast Guard, and responded to this measurement, and as a result, the Defendant was arrested as a flagrant offender in violation of the Road Traffic Act (driving) with alcohol concentration at 0.186% and D, etc.
After that, the Defendant, as a follow-up employee of D, conducted a blood sampling test for blood collection to the same sloping E, etc. who was dispatched to the said road, and requested to collect blood from G hospital located in Busan Maritime Transportation Daegu.
[2] On September 7, 2017, at the entrance of the emergency room of the above G hospital on September 7, 2017, the Defendant: (a) completed the collection of blood; and (b) was under surveillance of the Defendant at the entrance of the above G hospital; and (c) while smoking tobacco.
E, while taking a bath to E, he saw his title two times with his left hand, and he committed assault, such as the right flag of his own right flag, one motor vehicle.
Accordingly, the defendant interfered with the above E drinking measurement and the legitimate execution of duties concerning the arrest of flagrant offenders who are police officials.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes to internal investigation reports, investigation reports (CCTV verification and attachment), CCTV video images, and CCTV-cap photographs;
1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):
1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is rather a police officer who has been arrested in the act of traffic accident due to drinking driving.