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(영문) 창원지방법원 2014.12.16 2014고단2544
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 02:40 on May 25, 2014, the Defendant, while under the influence of alcohol at a 0.164% of blood alcohol level, driven C rocketing car at the section of about 200 meters from the front day of the same Si-dong Non-School in the common parking lot adjacent to the Seongdong-gu, Sungwon-gu, Sungwon-si, Sungwon-si, Hyundai apartment, to the front day of the same Si-dong Non-School Building.

2. On May 25, 2014, the Defendant interfered with the performance of official duties: (a) voluntarily accompanied at the front parking lot of the Changwon Police Station at the top of the office of the traffic accident investigation department of the Changwon Police Station in the Changwon Police Station at the top of 177, at the top of the top of the office of Changwonwon Police Station at the 177, and went to the front of the police station, and (b) was on the front of the patrol, who was a police officer belonging to the said police station, who was in his/her office as well as the police officer.

Therefore, when the above D used the defendant's street and demanded that "it be known about personal matters," it used assaulting D's chests, such as tightly cutting off the chest and cutting off the breast and the bridge, and then committing violence, such as the face of the slope E following it was taken as head and pushed down the breast.

Accordingly, the Defendant interfered with the police officers' legitimate performance of official duties concerning the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes to the report on traffic accidents;

1. Relevant Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Article 136 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (not including reflectivity, no criminal record other than a fine on three occasions, and no criminal record of victims, etc.);

1. It shall be decided as ordered for the reason of not less than Article 62-2 of the Criminal Act (with regard to matters involving community service and lecture attendance, and considering the same kind of criminal record, etc.);

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