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(영문) 수원지방법원 성남지원 2020.05.20 2020고단230
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 23:00 on December 21, 2019, the Defendant driven a Esch Rexn vehicle from the frequency collection parking lot located in the Category B in Gwangju-si, Gwangju-si, to about 3km (DV) parking lot, while under the influence of alcohol at a level of 0.127%.

2. At around 23:08 on the same day, the Defendant received 112 reports on drinking driving facts in Gwangju City, and requested G to indicate his status from police officers and G of the F District of the Gwangju Police Station, who was called to the site at the site, on the same day, and used G and Haman’s breast part of H to commit assault on several occasions.

계속해서 피고인은 음주측정 절차를 마친 후, 순경 H으로부터 제반서류의 확인을 요청받자, “뭘 봐, 이새끼야.”라며 손에 들고 있던 가방을 휘둘러 순경 H의 팔 부위를 폭행하였다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

3. At around 23:40 of the same day, the Defendant damaged public goods, who was arrested as a flagrant offender on suspicion of obstruction of performance of official duties, etc., and was in the process of boarding the F District 11 patrol vehicle in the Gwangju Police Station F District 11, the Defendant got the Defendant to walk the front and rear seat of the patrol vehicle at several times.

Accordingly, the Defendant damaged the material used by public offices to constitute repair costs.

Summary of Evidence

1. Application of Acts and subordinate statutes on defendant's statutory statement;

1. Relevant Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act concerning the crime, Article 136 (1) of the Criminal Act, and Article 141 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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