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(영문) 인천지방법원 부천지원 2015.07.09 2015고단1578
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 10:15 on June 11, 2015, the Defendant driven a B car under the influence of alcohol content of about 0.145% at the 3km section from the road located in the Ocheon-si, Seocheon-si, Seocheon-si, Nowon-gu, Seoul, to the main road of the home flusium 297.

2. On June 11, 2015, the Defendant engaged in the obstruction of performance of official duties at the traffic investigation office of the Hancheon-si, Seocheon-si, 311-gil, 84, 311-gil, 311, 311-gil, and 112 reported on the ground of the preceding paragraph, and discovered the Defendant’s drinking driving at the site, and then requested a horseter to the police station, which was preparing documents to transfer the instant case to the police station, but assaulted D with the bridge, which was able to say that the said D did not have any defect, while taking a bath against D, by taking the breath of the instant case’s left buck.

As a result, the defendant interfered with legitimate execution of duties concerning criminal investigations by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Notification of the results of the drinking driving control, reporting on the status of the surrounding driving, report on the actual condition (1) (2), relevant photographs, license register, inquiry into the ledger, investigation report, and application of the statutes of written estimates;

1. Relevant Article of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommendations;

A. Crimes of obstruction of the performance of official duties (determination of types of punishment), sentencing guidelines for crimes of obstruction of the performance of official duties, obstruction of the performance of official duties, and Type 1 (Special Aggravation of Punishment) (Scope of Recommendation Punishment). From June to April (Basic Field)

(b) The standards for handling multiple crimes: Imprisonment with prison labor for not less than 6 months;

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