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(영문) 부산지방법원 2020.06.10 2020고단751
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

[Criminal Power] On March 31, 2011, the Defendant was issued a summary order of KRW 2.5 million at the Busan District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Around 23:00 on January 22, 2020, the Defendant driven an Eone Star Corer under the influence of alcohol concentration of about 0.116% from the 1km section to the above C’s front road via the steering line in the direction of D University and the steering line in the direction of 760, Taedo-ro, Busan, Young-do-ro.

Accordingly, the defendant was driving under drinking not less than twice.

2. On January 22, 2020, the Defendant: (a) received 112 report from G (Nam, 52 years old); (b) heard the horses to cooperate in drinking alcohol from G (Nam, 52 years old) belonging to the Busan Youngdo Police Station, which called “C in front of the Busan Youngdo Police Station to the effect that “the vehicle is making a drinking,” while sitting in the driver’s seat of the E Lone Star in front of the vehicle located in the Busan Youngdo, Busan Youngdo; and (c) followed G from the said vehicle to “the vehicle is driving under the influence of drinking alcohol; and (d) carried the G face to the effect that “the vehicle is driving under the influence of drinking”; and (d) pushed G’s chest by hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to G and H;

1. Photographs of police officers in mobilization, notification on the results of the control of drunk driving, investigation report, and guidance on negative driving by police officers;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (a summary order of the same kind of case) Acts and subordinate statutes;

1. Relevant legal provisions concerning the crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Social service order under Article 62-2 of the Criminal Act;

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