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(영문) 대전지방법원 홍성지원 2018.06.27 2018고단323
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On July 19, 2007, the Defendant was issued a summary order of KRW 3 million for a violation of road traffic law (driving alcohol), etc. at the Seosan Branch of the Daejeon District Court, on March 12, 2013, the same court issued a summary order of KRW 4 million for the same crime, and on January 29, 2015, on September 11, 2015, the Defendant was sentenced to a fine of KRW 10 million for the same crime, respectively.

1. Although Defendant 1 had been punished for driving under the influence of alcohol more than twice as above, Defendant 2 driven Bone Star She while under the influence of alcohol content of 0.208% from December 17, 2017 to December 39, 2017 to December 15, 2017, at the 15th day of the eropo-cubic restaurant, e.g., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e. the e., the e., the e

2. The Defendant interfered with the performance of official duties on the road in front of the apartment site in front of sunrise, 1-39,00 in the center of the local administration of the Donnam-nam Eup at the time of the day set forth in paragraph (1), brought a bath to D, who is in the way to control drinking driving, and used D’s explanation to see him as a smartphone, while doing so, he saw D’s flick, flick, flick, and assaulted a police official who performs his duties twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Photographss to take a photograph interfering with the performance of his/her official duties;

1. Previous convictions in judgment: Application of Acts and subordinate statutes as a result of inquiry, such as one copy of judgment and one criminal history;

1. Article 136 (1) of the Criminal Act (the point of violence against a public official) of the relevant Act on the facts constituting an offense, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol);

1. Selection of each sentence of imprisonment;

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 53 and Article 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201).

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