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(영문) 대구지방법원 상주지원 2017.08.22 2017고단266
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 9, 2017, the Defendant was under the influence of alcohol with a 0.140% alcohol concentration in blood from the 2km section from the parent mountain road in D at the time of stay at around 01:00 to the road in front of E, the Defendant driven a Foler HG car in the state of alcohol with a 0.140% alcohol concentration in blood.

2. On May 9, 2017, at the time of stay at around 01:06, the Defendant destroyed the Defendant’s house of the Victim H. Around 01:06, by drinking, the Defendant destroyed the Defendant’s house of the Victim H, with a stone located in G, and without any special reason, collected the windows from the market price of KRW 440,00 in total amount of KRW 440,00,00.

3. On May 9, 2017, at around 01:15, the Defendant: (a) threatened the police officer, who was dispatched to the scene after receiving a report of 112, with the background leading up to the police officer belonging to the resident police station I police box at the scene; (b) J, who was sent to the scene; (c) Qinc (125 cm in total length), who was a dangerous object at the scene, was asked about the Defendant; and (d) who was posted the police officer several times to the police officer, and who was threatened with the death.”

Accordingly, the defendant carried dangerous articles and interfered with the legitimate execution of duties by police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to L, K, J, and H;

1. A protocol of seizure and a list of seizure;

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

1. Application of Acts and subordinate statutes to report internal investigation (Evidence No. 10 No. 17,20,22) and investigation report (Evidence List No. 17,22);

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking), Article 366 of the Criminal Act, Article 144 (1) and Article 135 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment prescribed by Ordinance of the Ministry of Justice as a interference with the execution of each special official duties to J or K, or as a result of a interference with the execution of any special official duties to K with heavy crimes);

1. Imprisonment with prison labor for each choice of punishment;

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