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(영문) 울산지방법원 2020.09.01 2020고단1681
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

"200 Highest 1681"

1. On November 19, 2018, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act at the Changwon District Court on November 19, 201.

On April 9, 2020, at around 23:15, the Defendant driven a car in a state of alcohol of about 0.122% of alcohol concentration in the section of about 300 meters from the front of the C cafeteria located in Yangsan City B to the front of the same city D.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

"200 Highest 228"

2. On May 8, 2020, the Defendant: (a) at the G convenience store located in Ulsan-gu F on May 23:35, 2020, the Defendant: (b) received a recommendation from an assistant I, a police officer belonging to the Ulsan-nam Police Station H District of the Ulsan-nam Police Station, to pay a taxi fee and return home while disputing the taxi rate problem; (c) but he did not comply with such recommendation; (d) sent the road to the police officer, who received the said police officer’s desire to walk and walk the road without permission, and then sent the said police officer to the said police officer, who received the said request from the said police officer, “I am flick, do not do so, do not do so, and do so, do so.” (d) At the same time, the Defendant assaulted the chest of the said police officer on two hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. One copy of a report on the results of crackdown on drinking driving and a summary order;

1. Application of Acts and subordinate statutes to the police statement of I;

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. The following circumstances and the defendant's age for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures.

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