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(영문) 수원지방법원 성남지원 2016.06.10 2016고단673
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 24, 2007, the Defendant is a person who has been sentenced to a fine of two million won or more for a violation of road traffic laws at the Seoul Central District Court on July 24, 2007, and a fine of five million won or more for the same crime at the same court on March 30, 2012, and has been sentenced to a fine of five million won or more for the same crime.

On February 26, 2016, around 02:45, the Defendant driven Dworka car in the state of alcohol alcohol content of about 40km from the 40km section from the roads near the Gangnam-gu Seoul Special Metropolitan City, to the Gannam-si Gyeongnam-si Gyeongnam-si ICIC at a point of 407.3km located in Sungnam-si.

2. On February 26, 2016, around 02:45, the Defendant, who obstructed the performance of official duties and the Defendant injured, fledd the victim F (47 years old), a police officer belonging to the Korean National Police Agency, who was called the Gyeonggi-do National Police Agency, to investigate the circumstances of the accident after receiving a report that the Defendant caused a traffic accident at a point 407:3 km away from the highway located in Seongbuk-gu, Sungnam-si, Sung-nam-si, which caused the driving of drinking, as seen above, and committed assault by the victim, such as: (a) the victim’s chest was fluencing the Defendant on both hand; and (b) the victim’s chest was fluced one time with the victim’s bomb with his hand.

After all, the Defendant interfered with the legitimate execution of duties concerning the expressway patrol of the victimized party, and at the same time, the Defendant inflicted an injury on the left-hand sprinke, etc., which requires medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of G and H;

1. Report on the circumstances of a driver who is placed in driving and report on the results of regulating drinking;

1. A medical certificate;

1. Photographs related to the case;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

1. Article 148-2 (1) 1, Article 44 (1) of the Traffic Act (the point of drinking), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1.Article 40 of the Criminal Code, which does not apply the sentencing criteria.

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