logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2018.08.24 2018고단1251
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended between two and half years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 23, 2018, the Defendant: (a) driven a D taxi under the influence of alcohol content of about 0.113% from a section of about 4 km from the road front of the airport Dong-dong located in the transmission route 9 of Gangseo-gu Seoul Metropolitan Government, to the roads front Seocheon-si, Busan; (b) around April 23, 2018, the Defendant driven a D taxi under the influence of alcohol content of 0.113%.

2. On April 23, 2018, the Defendant interfered with the performance of official duties: (a) around 07:35 on the roads in front of Seocheon-si, a traffic accident occurred while driving under the influence of alcohol, as prescribed in paragraph (1) on the roads in front of Seocheon-si; (b) was requested by F to take a alcohol test by the chief of the police box affiliated with the police box of the Seocheon-cheon Police Station E (Seoul), who was called out, and was asked by F to take a alcohol test; (c) was tightly pushed back the parts of the above F’s body on hand, and obstructed the police officer’s legitimate performance of duties concerning the handling of the traffic accident, by taking the Defendant’s distribution of the F F, which

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Notification of the results of regulating drinking driving;

1. A survey report on actual conditions;

1. Place of work;

1. A photograph of a fluore video upon the site;

1. Application of Acts and subordinate statutes to a report on investigation (in the case of documentary evidence images without the site);

1. Relevant legal provisions of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of official duties), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for each type of crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments for two crimes, the punishment for concurrent crimes resulting from a violation of the Road Traffic Act shall be aggravated, and the lower limit shall be determined by the crimes stipulated for a violation of the Road Traffic Act);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, such as the obstruction of the execution of public duties, requires a strict punishment as an act impeding the function of the State’s legal order.

The circumstances favorable to the defendant (the defendant recognized each of the crimes of this case and is punished as the same crime).

arrow