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(영문) 대전지방법원 논산지원 2017.12.15 2017고단508
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 June 9, 2017, the Defendant: (a) around 22:55, the 2017 Godan 508, the Defendant driven a C non-motor vehicle under the influence of alcohol content 0.13 percent of alcohol in the 300-meter section from the front side of the red west-gun, Chungcheongnam-do, Hongnam-do to the front side of the same west-ri.

2. On June 19, 2017, the Defendant assaulted the Defendant at around the E restaurant located in Hongcheon-gun, Hongcheon-gun, Seocheon-gun, Seocheon-gun on June 19, 2017, the Defendant: (a) obstructed the Defendant’s disturbance; (b) obstructed the Defendant’s disturbance, and (c) assaulted the Defendant’s face at the seat of the said G by walking the buckbuck.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigation.

Summary of Evidence

"2017 Highest 508"

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. An explanatory note;

1. On-site photographs " 2017 Highest 570";

1. Statement by the defendant in court;

1. Legal statement of witness G;

1. Investigation report (verification, etc. of the list of cases reported, 112);

1. Application of Acts and subordinate statutes to photographs damaged;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, the order to attend a lecture, and the order to provide community service order, requires strict punishment of the defendant due to the nature of the crime in this case and the poor circumstances.

However, it is ordered that the defendant recognized the defendant's late mistake and reflects it, taking into account the defendant's age, sexual behavior, environment, criminal records, criminal records, circumstances after the crime and circumstances after the crime, etc., and all of the sentencing conditions shown in the arguments of this case, such as the defendant's blood concentration and degree of alcohol during driving.

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