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(영문) 인천지방법원 2017.09.20 2017고단5304
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On July 5, 2017, the Defendant: (a) driven an E QM6 car at approximately five meters while under the influence of alcohol leveling 0.223% while under the influence of alcohol leveling on the front of “D cafeteria” located in Dongjak-gu Seoul Metropolitan Government (D cafeteria) around July 5, 2017.

2. On July 5, 2017, at around 22:10, at the same place as Paragraph (1) and at the same time, the Defendant: (a) tried to take a drinking test from a police officer of the Seoul Police Station in Dongjak-gu, Seoul who was dispatched after receiving a report related to drinking driving; (b) took a bath to the above F; (c) took a drinking test; and (d) notified the F of the drinking volume after taking a drinking test; and (e) took a drinking test; and (e) took twice the shoulder part of the above F in his/her hand, he/she am the said F’s shoulder part in his/her hand; and (e) took another police officer’s restraint against the Defendant, the Defendant assaulted the latter F at once, taking the face of the said F.

As a result, the Defendant interfered with the legitimate execution of duties on the maintenance of public peace and order related to the handling of 112 reported cases by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the selection of fines for each 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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

There is no record of punishment, except for those subject to punishment once by fine.

The proxy driver has been driving on the wind.

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