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A defendant shall be punished by imprisonment for not less than one year and six 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
[criminal power] On March 9, 2012, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the Changwon District Court through the Changwon District Court on March 9, 2012, and a summary order of KRW 3 million with a fine of KRW 1 million at the Busan District Court on September 16, 2014, respectively.
【Criminal Facts】
1. On August 10, 2020, the Defendant was driving a Fran vehicle under the influence of alcohol with approximately 50 meters alcohol concentration of about 0.176% from the section of about 50 meters around the roads near Busan Dong-gu, Busan to the roads near the "E" restaurant located in the Dong-gu, Busan.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
2. On August 10, 2020, the Defendant: (a) 22:56 of the obstruction of performance of official duties, as described in paragraph (1) of this Article, took a breath of the police station located in Busan Dong-gu, Busan Dong-gu, by stating, “I am dead, dead, and throw away.” In the event that the Defendant was going to a police station located in Busan Dong-gu, Busan, that “I am dead. I am to the back of the police station; (b) requested the police officer to return home from the police station located in the said area; and (c) boarded the police officer at the back of the patrol station; and (d) stated that “I am to the breath of the police station. I am to the breath of the police station. I am to the breath of the police station. I am to the effect that I am to protect the people’s life and body by inserting his/her left hand, and having interfered with the police officer’s duty.”
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement to I;
1. Investigation reports and notification of the results of the control of drinking driving;
1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, and application of two copies of summary order-based Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts and Article 148-2 (1) of the Road Traffic Act which choose a sentence;