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(영문) 춘천지방법원 영월지원 2014.10.17 2014고단331
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. Around 23:00 on May 30, 2014, the Defendant driven Cbee or a car under the influence of alcohol content of about 0.086% at a section of about 13km in front of the Defendant’s house located in Young-gun B, Gangwon-gu, Young-gu, Seoul, to the front day of the Young-gu, Young-gu, Young-gu, Seoul, and the front day of the 64km.

2. At around 23:00 on May 30, 2014, the Defendant operated the said car, which is dangerous articles at the above Young-gun Office, and destroyed and damaged the stairs and fire extinguishings in the center of the Young-gun Office, putting one of the stairs and fire extinguishings in the place, leaving the Gun office from the vehicle into the Gun office, leaving one of the fire extinguishings in the Gun office, and walking the signboard, the signboard, the signboard, and the front door correction devices.

Accordingly, the defendant, using a dangerous object vehicle, destroyed the stairs, fire extinguishings, etc. used by the military office, which is a public office.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 144 and 141 of the Criminal Act (the point of damaging goods for carrying dangerous articles), and the choice of imprisonment, respectively;

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;

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

1. Application of the sentencing guidelines [limited to the crimes of obstruction of performance of official duties] [Scope of recommending punishment] [limited to the crimes of obstruction of performance of official duties] : Nullity and destruction of public goods, Type 1 (Invalidity of Public Goods), basic area (person under special mitigation between six months of imprisonment and one year and six months) : Where the value of goods which have been invalidated or destroyed is insignificant: Where dangerous goods are carried;

2. In the case of a special obstruction of performance of official duties in the determination of sentence, contingency crimes are committed while being committed, and agreements are reached with the victim, the last ten years.

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