Text
A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
1. On January 6, 2016, the Defendant: (a) driven a DNA cargo vehicle under the influence of alcohol of 0.090% in blood alcohol concentration from the apartment parking lot located in the Dong-gu, Changwon-gu, Changwon-si to the middle part of the civil tunnel located in the same Dong from approximately one kilometer to the apartment parking lot located in the same Dong-dong.
2. The Defendant injured by interference with the performance of special duties was under the influence of drinking by the victim E (tax 41) of a slope slope belonging to the traffic control department at the entrance of the public-private tunnel at the time and at the same time and place as the stated in paragraph 1 while driving the breath cargo.
In the process, the defendant confirmed the drinking reduction reaction from the above E in order to punish the person who was requested to get the vehicle from the above cargo vehicle, and thereby, the above E, which caused the above E to go beyond the road at a speed of about 20 meters per hour at a speed of about 40 kilometers per hour while the above cargo vehicle's driver's seat, was put in a view of the view of the view of the driver's seat of the above cargo vehicle, and made the above E to go beyond the road.
As a result, the Defendant carried dangerous objects and interfered with the legitimate execution of duties concerning the crackdown on drinking, and caused the victim to suffer damage to the neighboring land and the power line after leaving the military for about three weeks of treatment.
Summary of Evidence
1. Statement of the defendant in the first trial record;
1. Each police statement made to E and F;
1. Statement report on the situation of a driver driving, inquiry of the results of crackdown on drinking driving, and notification of the results of crackdown on drinking;
1. A medical certificate;
1. Application of Acts and subordinate statutes to photographs of damaged parts;
1. Relevant legal provisions of the Criminal Act concerning the crime, the main sentence of Article 144(2), Articles 144(1), 136(1) (a) of the Criminal Act concerning the selection of punishment for the crime, and Articles 148-2(2)3 and 44(1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment with labor);
1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be imposed on the injury or injury caused by a disturbance in the execution of a heavier special official duty) of the aggravated Criminal Act.