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 became final and conclusive.
Reasons
Punishment of the crime
1. On May 2, 2014, at around 21:20 on May 2, 2014, the Defendant was subject to the control on the ground that, at the point of approximately 100 meters away from E located in the Sinjin-si, the police box affiliated with the police box of the Sinjin-si Police Station, the Defendant carried out the control on the ground that the I Scpe vehicle driven by the Defendant to the police officer G and the police officer would go beyond the central line and drive the vehicle.
피고인은 위 G으로부터 음주감지를 요구받아 이에 응한 결과 음주감지기에서 피고인이 음주 상태라는 반응이 나타나 위 G으로부터 이를 고지받자 “봐봐 씨발”이라고 말하며 자신의 왼손으로 위 G의 오른손 팔목을 강하게 잡아당기면서 오른손에 들고 있던 라이터로 불을 켜 위 G의 왼손에 들고 있던 음주감지기에 가까이 가져가는 등 폭행하였다.
Accordingly, the defendant interfered with legitimate execution of duties by police officers on traffic control.
2. Around 21:20 on May 2, 2014, the Defendant driven a car Ipex in the section of about 8km from E in the same city to approximately 100 meters away from E in the same city to E in the same city, while under the influence of alcohol by 0.118% of blood alcohol concentration.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness G and H;
1. A report on detection of a host driver;
1. A written appraisal of blood alcohol;
1. Application of the Acts and subordinate statutes on black stay images;
1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, 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. The Defendant’s assertion on the suspended sentence under Article 62(1) of the Criminal Act is subject to the measurement of drinking by another police officer prior to the measurement of drinking prior to the measurement of the instant case, and the reaction of drinking results is not reduced.