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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 August 28, 2018, the Defendant: (a) driven a DNA car under the influence of alcohol level of about 0.207% in a section of about 350 meters from around a restaurant of the rental house located in the 7-1, a guro-ro in the inside of the city of Ansan-si to the sports range located in the same Gu.
2. The Defendant interfered with the performance of official duties at the bus stops in front of the F funeral hall in the Gu E during the day and the day of the week described in paragraph (1). However, the Defendant was arrested as a current offender who interfered with the measurement of drinking alcohol while raising an objection with the Defendant’s vehicle crew member at the police station during the sport, and was arrested as a current offender who interfered with the measurement of drinking alcohol. As such, the Defendant committed assault to I by assaulting the Defendant, such as putting the Defendant’s son of the Defendant’s vehicle at the same police station where the Defendant arrested the H on several occasions, she saws the 1’s shoulder and hand son of the police officer at the same police station where the Defendant arrested the H on several occasions. The Defendant interfered with the police official’s legitimate performance of duties concerning the prevention, suppression of the crime, investigation, and arrest of flagrant offenders.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspect of H with respect to the police;
1. Statement made to G or I by the police;
1. Notification of the results of regulating the driving of alcohol and application of Acts and subordinate statutes of the report on the circumstances of drivers;
1. Relevant Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Articles 136 (1) of the Criminal Act, Articles 148-2 (2) 1, and 44 of the same Act concerning the facts constituting an offense
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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;
1. Scope of the recommended punishment on the sentencing guidelines: Imprisonment with prison labor for up to six months from one year and six months [the scope of the recommended punishment], and the basic area (up to one month from June to six months) (up to six months) of the basic area (up to one year and six months) of the suspension of the performance of official duties;
2. Determination of sentence - favorable circumstances: