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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
【Criminal Power】 On June 28, 201, the Defendant was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act at the Seoul Central District Court on June 28, 201; a fine of KRW 4 million for a violation of the Road Traffic Act at the Seoul Central District Court on October 12, 2011; and a fine of KRW 5 million for a violation of the Road Traffic Act at the Seoul Southern District Court on August 27, 2013.
【Criminal Facts】
1. Violation of the Road Traffic Act (driving) around 02:58 on August 29, 2018, the Defendant driven a Cbenz car while under the influence of alcohol 0.178% alcohol level at around 3.9km from the front side of Yeongdeungpo-gu Seoul Metropolitan Government to the front side of the Young-gu (Seoul Metropolitan Government B) so far as he/she was under the influence of alcohol level 0.178%.
2. At around 03:10 on August 29, 2018, the Defendant: (a) stopped while driving under the influence of alcohol as prescribed in paragraph (1) on the street around the Yeongdeungpo-gu Seoul Metropolitan Government Burdoro 6-ro 1; (b) had a police officer E, etc. belonging to the D Zone D District of the Seoul Yeongdeungpo-gu Police Station, who was called out after receiving 112 report, left the Defendant, and was requested to respond to the alcohol reduction measurement; and (c) did not comply with the demand to respond to the alcohol reduction measurement; and (d) tried to take a bath to the said E, etc. on the road.
그 후 피고인은 위 일시, 장소에서 서울영등포경찰서 F부서 G으로부터 음주측정에 응할 것을 요구받고 위 G에게 욕설을 하고 발로 G의 오른쪽 정강이 부위를 1회 걷어찼다.
As such, the Defendant assaulted police officers G to interfere with legitimate performance of duties concerning G criminal investigation and maintenance of order.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Protocol of the police statement concerning G;
1. Report on the circumstantial statements of a drinking driver and notification of the results of the control of drinking driving;
1. Photographs of the victim;
1. Previous convictions indicated in the judgment: Criminal records, inquiry reports, and copies of the summary order;