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(영문) 울산지방법원 2018.10.19 2018고단2328
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On June 20, 2018, the Defendant: (a) driven a motor vehicle under the influence of alcohol content of about 0.102% in a section of approximately 1.4km from the 75-lane in Ulsan-gu, Ulsan-gu; (b) from the 75-lane in the Southern-gu, Ulsan-gu; and (c) from the 1.4km in front of the building, the Defendant was under the influence of alcohol content of 0.102% in blood.

2. On June 20, 2018, the Defendant interfered with the performance of official duties: (a) on the roads in Ulsan-gu, Ulsan-gu; (b) on the roads in front of D Sung-gu; and (c) on the roads in front of the building, as described in the foregoing paragraph 1, when driving alcohol as indicated in the foregoing paragraph 1, the Defendant was able to take a bath, and the chest of the police officer F of the Ulsan Southern Southern-gu Police Station and G police officers belonging thereto, and was tightly pushed back once by the police officer under the same control, and was tightly pushed back the chest of the police officer under the same control on one occasion by hand; and (b) the Defendant was her head.

Accordingly, the defendant interfered with the legitimate performance of official duties by police officers on the crackdown on drinking driving.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each police statement made to G, H and I;

1. Application of Acts and subordinate statutes to inquire of the results of the fact in the former part of the week run, to make a statement on the situation of the driver placed in the week, and to make an investigation report (to make a report on the

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. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be aggravated within the scope of the sum of the long-term punishments of the above two crimes, which are determined by the obstruction of the execution of heavier official duties: Provided, That the short-term punishment shall be imposed on the crimes specified for the violation of the Road Traffic Act];

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of the favorable circumstances specified in the grounds for sentencing);

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

1. Sentencing criteria;

(a) one type of interference with the performance of official duties (the scope of recommendations) (the interference with the performance of official duties and coercion of duties).

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