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(영문) 서울동부지방법원 2018.08.23 2018고단1699
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 7, 2018, the Defendant driven the B B B B sz S63 vehicle on the front side of the main road in which the trade name located in the Songpa-gu Seoul Metropolitan City is unknown while under the influence of alcohol level of 0.158% from around 03:08 on May 7, 2018 to around 310 on the island of Seongdong-gu, Seoul.

2. Whether the Defendant, at the same time and place as the above paragraph (a) above, performed a alcohol test on the second line on the road at which drinking control is conducted, and then conducted a alcohol test on the second line, and then prepared a report on the circumstances of the driver’s statement, which is the traffic police officer of the Sungdong Police Station in Seongbuk-dong Seoul, Seoul, which is the traffic center traffic center at the same time and place, "I saw, see, see, see, see, see, see, see, see, see, see,

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3. 공용 물건 손상 피고인은 위와 같은 일시, 장소에서 경위 C이 음주 운전 및 공무집행 방해로 현행범 체포함을 고지하자 갑자기 피고인의 머리로 성동 순 4호 교통 순찰차 D의 보닛을 들이받고 주먹으로 수회 내리쳐 보닛이 움푹 들어가는 등 공무소에서 사용하는 순찰차를 손상하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on investigation (booms and videos taken at patrols);

1. Degree of drinking alcohol measurement;

1. Application of Acts and subordinate statutes to patrol vehicles and photographs of police officers, and subsidiary photographs used by police officers;

1. Relevant Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141 (1) of the Criminal Act (the point of impeding damage to goods for public use) and the selection of imprisonment, respectively, for the crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The following circumstances and records are shown in the reasons for sentencing Article 62-2 of the Criminal Act.

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