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(영문) 수원지방법원 성남지원 2017.10.12 2017고단1044
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of ten months for a violation of the Narcotics Control Act at the Cheongju District Court on June 3, 2016, and the judgment was finalized on June 11, 2016. On October 12, 2016, the Defendant was sentenced to a suspended sentence of four months for the same crime in the Sungnam branch of Suwon branch of Suwon branch of Suwon branch of the Republic of Korea, and was sentenced to a suspended sentence of four months for the same crime. On October 20, 2016, the judgment became final and conclusive and conclusive on October 20, 2016.

[Criminal facts]

1. On December 2, 2016, the Defendant was under the influence of alcohol content of about 0.078% from the 3km section of the blood alcohol level to the road near the 100 mother station located in Sungnam-si, as the malutic acid of Sungnam-si around 06:45, the Defendant driven Cspke car in the state of under the influence of alcohol content of about 0.078% from the 3km section of alcohol level to the 903km road near the camping station in the same city.

2. The Defendant interfered with the performance of official duties on December 2, 2016, around 07:10, in the vicinity of the camping tower located in 903, as Sungnam-si, Sungnam-si, in the middle of the camping tower, “a passenger car extends over the central separation unit.”

Upon receipt of a report, the police officer’s 112 police officer’s lawful performance of duties on the handling of report, etc., by stating that “this dog must grow anywhere,” she would be able to take a breath and breath the breath of E in his/her hand when he/she demanded a measurement of drinking.” The police officer’s 112 police officer’s breath of the breath of E in his/her breath of drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each legal statement of witness E and F;

1. A report on the detection of a primary driver;

1. A report on investigation (a statement by a wooden person);

1. The CD (hereinafter referred to as the “ROM”);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history (A), investigation report, and statutes;

1. Relevant legal provisions of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of official duties), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for each type of crime;

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.

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