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(영문) 광주지방법원 목포지원 2021.03.30 2020고단1128
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 6, 2020, the Defendant was under the influence of alcohol level of 0.154% among blood transfusions on June 6, 2020, the Defendant driven a frentoon car at approximately 348 meters from the front of the C cafeteria located in Hepo City B to the front of the E cafeteria located in the same city D.

2. Around 02:45 on June 6, 2020, the Defendant: (a) committed an assault, such as: (b) having received a report from the E cafeteria in front of a restaurant; (c) having a vehicle suspected of driving drinking; and (d) having received a report from the head of the police station G group of the wooden Police Station G G group of the Bapo-si, which called “I am and I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am.

Accordingly, the Defendant, who is a police officer, interfered with the legitimate execution of duties concerning the crackdown on drinking alcohol driving.

3. On June 6, 2020, the Defendant damaged the window of the above vehicle that was arrested in flagrant offender on the ground of the foregoing paragraph (2), and was seated in the back seat of the patrol vehicle (J) of No. 13, on the ground of the foregoing paragraph (2), on several occasions, at the front of the Bapo Police Station G District of the Bapo Police Station, Gapo-si, I on June 6, 2020, the Defendant destroyed the window of the above vehicle by displaying two on the window of the above vehicle on several occasions under the front of the lock.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Statement K in the police statement with respect to H by the defendant's legal statement;

1. Application of Acts and subordinate statutes to the windows and photographs of vehicles notified of the results of investigation reports (verification of the title of a fy camp), investigation reports (a written estimate attached), the situation of driving at home, and the control of drinking driving;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 subparag. 2 and 44(1) (the point of drinking alcohol) of the Road Traffic Act, 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 public goods) of the same Act, and the choice of imprisonment, respectively, with labor;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravated Punishment for Concurrent Crimes) of the Criminal Act, Article 38 (1) 2, and Article 50 (Aggravated Punishment for Concurrent Crimes of Interference with Execution of Public Duties, the lowest penalty shall apply

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