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(영문) 광주지방법원 해남지원 2016.08.11 2016고단267
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 27, 2016, the Defendant: (a) driven a Fpoter cargo under the influence of alcohol concentration of about 0.166% at a distance of about 8km from the 8km to the west-dong elementary school located in the nautical miles in the south-gun of the Navy from the roads of E, the Defendant’s seat in the south-Namnam-gun of the Namnam-gun of the Republic of Korea on June 27, 2016.

2. On June 27, 2016, the Defendant interfered with the performance of official duties: (a) at the H district district of the coast guard station in the South-Namnam-gun, the South-Namnam-gun, G on June 27, 2016, who is dissatisfied with the operation of drinking as above; (b) took a bath for police officers; and (c) requested the police officer to return home, the Defendant “Neama in line with D D'.”

Haxa n.

This Chewing typian theory was used and assaulted at one time on the part of the ice I due to the drinking.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the prevention and suppression of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and J;

1. The photographs of damaged photographs, ctv images cd, ctv recording that obstructs the performance of official duties, and photographs related to the operation of alcohol and drinking.

1. Statement of control, statement of the circumstances of driving at drinking, and notice of the result of crackdown on driving at drinking;

1. Application of Acts and subordinate statutes to a criminal investigation report (in relation to the field conditions, CCTV screen CDs and caps, accompanying photographs);

1. Relevant legal provisions concerning the facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking) of the same Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment for each sentence;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the aggravated punishment within the scope of the sum of the long-term punishments for each crime of obstruction of the execution of heavier official duties, and the minimum punishment shall be determined by such crimes as are prescribed for the violation of the Road Traffic Act];

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. Application of the sentencing criteria;

(a) interference with the execution of official duties (the scope of punishment for recommendations).

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