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(영문) 수원지방법원 평택지원 2013.11.21 2013고단1356
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 17, 2013, the Defendant, while under the influence of alcohol at around 0.180% of blood alcohol level, driven a vehicle Ci 40m from the front side of a middle and high school located in the front side of Pyeongtaek-si in the front side in the front side of Pyeongtaek-si in the front side of the 1km-si to the 109 front side of the 1km-si in the glue apartment located in the front side of the glue apartment.

2. On September 17, 2013, the obstruction of performance of official duties and the Defendant: (a) expressed a desire to request the victim E, who is a police officer belonging to the Pyeongtaek-gu Police Station D police box called Pyeongtaek-gu, who was called out after receiving 112 reports in front of the middle and high school located in the front of Pyeongtaek-gu, Chungcheongnam-gu, Eup-gu, Seoul, to cooperate in drinking alcohol measurement; and (b) expressed the victim’s chest to the extent that the said victim’s chest was drinking, the victim was able to take a part of the part requiring approximately two weeks of medical treatment.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention and suppression of police officers' crimes, and at the same time injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each statement of E, G and H;

1. A report on the status of running a motor vehicle on the market, and a report on the replacement of a driver on the motor vehicle;

1. Statement of the enemy;

1. A written diagnosis of injury;

1. Application of each statute on photographs of damage;

1. Relevant Article 136(1) of the Criminal Act for the crime concerned, Article 257(1) of the Criminal Act, Article 148-2(2)2 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of obstruction of the performance of official duties and the crimes of injury, and the punishment imposed on the crimes of serious injury)

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, Article 37 (former part), 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 as determined by the heavier serious injury crimes and that of the above two crimes, but the lowest sentence of such concurrent crimes shall be the penalty stipulated by the Road Traffic Act];

1. Article 62 (1) of the Criminal Act;

1. Order for community service and attending lectures;

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