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(영문) 대구지방법원 포항지원 2013.08.07 2013고단534
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. On January 2, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court in Daegu District Court on January 2, 2009, and a fine of one million and five hundred thousand won for a violation of the Road Traffic Act (driving) at the same court on November 1, 201.

At around 04:10 on May 27, 2013, the Defendant driven a e-vehicle under the influence of alcohol with a blood alcohol concentration of 0.214% from the distance from the street above the “D cafeteria” located in Nam-gu, Nam-gu, Nam-gu, Seocheon-gu, Seocheon-gu, Seoul to the shooting distance in the West-gu, Seoul.

2. At around 04:15 on May 27, 2013, the Defendant obstructed the police officer’s legitimate execution of duties concerning the police officer’s 112 report handling duties, considering the following reasons: (a) on the street in front of “D cafeteria” located in Nam-gu, Nam-gu; (b) on the ground that, upon receiving a report from the Defendant on 112 that the Defendant would avoid disturbance, such as the destruction of the house at the above cafeteria, the Defendant would have driven and arrived at the scene as above; and (c) upon demanding a alcohol measurement, the Defendant asked the Defendant to “I am different, but is not too excessive.” (c) on the ground that the Defendant’s face at one time, the Defendant interfered with the police officer’s legitimate performance of duties concerning the police officer’s 112 report handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning G;

1. Report on the statement of the status of a drinking driver, and report on detection of a drinking driver;

1. Previous records: References to criminal records, investigation reports (former records and attachment of judgment) and statutes shall apply;

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

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act is that the accused has the record of being punished for drinking-driving and require the measurement of drinking.

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