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(영문) 서울동부지방법원 2014.08.21 2014고단1862
모욕등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. Around 00:30 on April 21, 2014, the Defendant driven a B Ecoos car while under the influence of alcohol of about 0.206% of the blood alcohol concentration at the section of approximately 10 meters in front of the 346-dong, Gangdong-gu, Seoul.

2. Around 01:01 on April 21, 201, the Defendant driven a ecoo-car in a state of drinking B ecoo-car in a state of alcohol alcohol content of about 0.157% at the section of approximately 15m in front of the 364-dong, Gangdong-gu, Seoul.

3. Around 01:10 on April 21, 2014, the Defendant insultd victims E, a victim D, a police officer affiliated with the Seoul Gangseo Police Station C District, who was called the Seoul Gangseo-gu Police Station, and was called the victim E, a police officer, at around 346 dong-dong, Gangdong-gu, Seoul, on the 346-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu

Summary of Evidence

1. Defendant's legal statement;

1. Each explanatory note of the F, G, and H;

1. A complaint;

1. Application of Acts and subordinate statutes to regulations on drinking driving;

1. Relevant Article 311 of the Criminal Act, Article 148-2 (2) 1 and 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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. Sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution provides that the defendant is under the influence of alcohol and has been under the influence of alcohol once while under the influence of alcohol, and that the defendant was under the influence of alcohol immediately thereafter and again under the influence of alcohol, and that the police officer controlling the above should have a serious desire and insult. However, the defendant's confession and is under the influence of alcohol, and other matters, such as the defendant's age, character and behavior, occupation, intelligence and environment, motive and circumstance of the crime, and the means and method of the crime.

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