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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 4, 2015, the defendant, around 19:50 on the road in front of C in the 19:50s, while driving a motor vehicle while drinking alcohol and driving a motor vehicle in another dry field, was involved in an accident that stuffs a motor vehicle in another dry field.
Since then, the Defendant was investigated into the causes of the accident from the police officer E (S) belonging to the police station of the Sungdong Police Station of the 112 police station who received the report and sent out after being 112, and obstructed the police officer’s legitimate execution of duties in relation to the criminal investigation by assaulting the following: (a) “I am out, sing out, and sing off the death” while taking a bath, “I am out, sing out, and sing off the death,” and then, (b) I am off the part of E in drinking while drinking, and walking the E at several times
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. The Defendant was under the influence of alcohol level of 0.209% at the time of committing the instant crime, and was unable to accurately memory the situation thereafter. However, considering the Defendant’s speech, attitude, etc. at the time of committing the instant crime, the foregoing fact alone was in a state of mental and physical loss or mental weakness.
There is no evidence to prove otherwise that there is no evidence to admit it.
Application of Statutes
1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] Where the degree of violence, intimidation, and deceptive scheme is minor in the mitigated area (i.e., one month or August) (i., one special mitigated person] [decision of sentence] together with the circumstances presented as the above special mitigated person (i.e., the defendant's decision of sentence], and the defendant seems to have caused the crime of this case by contingently under the influence of alcohol. On the other hand, the crime is not good in that the defendant did not properly respond immediately after driving a drinking and rather brought about a situation in which the case occurred by drinking again, rather than paying a traffic accident by driving a drinking, and the defendant is against depth and E.