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A defendant shall be punished by imprisonment for one year.
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. On September 10, 2017, the Defendant driving the E-Poter Cargo at the section of approximately three meters prior to “D cafeteria” located in Incheon Spoman C while under the influence of alcohol 0.128% of alcohol while under the influence of around 21:00 without obtaining a driver’s license for a motor vehicle.
2. On September 10, 2017, the Defendant obstructed the performance of official duties, as described in the foregoing paragraph (1) on the front day of the Incheon Cheongjin-gun, Incheon, where he driven under the influence of alcohol and received a report of the said traffic accident, and was dispatched to the site after receiving the report of the said traffic accident, the security guard belonging to the Incheon Jung-gu Police Station I box, which was called to the site, refused to comply with the request for a measurement of drinking, and went about about 100 meters at the site, while the J escaped, the Defendant assaulted the left-hand face part of the J on a drinking one-time basis, and the right-hand part of the J on the ground that the person driving away from the Defendant requires the confirmation of new portion.
Accordingly, the defendant interfered with the legitimate performance of official duties concerning the receipt of 112 reports by police officers.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police to J;
1. Each statement G and K;
1. Notification of the results of regulating drinking driving;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license) and Article 136 (1) of the Criminal Act concerning facts constituting an offense;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);
1. Selection of each sentence of imprisonment;
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 as provided for in the obstruction of the execution of heavier official duties and the punishment heavier than the punishment, and the punishment shall be aggravated: Provided, That the lowest sentence shall be determined for the crime of violating the Road Traffic Act