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(영문) 수원지방법원 안산지원 2017.04.20 2017고단547
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 February 21, 2017, the Defendant violated the Road Traffic Act (drinking) driving on February 21, 2017, at a public parking lot located in Ansan-ro 23, Ansan-ro, Ansan-ro, Seoul-ro, a member of Ansan-si, driven Bsch Rexn car with approximately three meters alcohol concentration of 0.183% while under the influence of alcohol.

2. On February 9, 2017, at around 21:50, the Defendant: (a) received a 112 report at the place specified in paragraph (1); and (b) received a request to present an identification card from D from a policeman affiliated with the police box of the Gyeonggi-do Police Station C, Police Station of the Gyeonggi-do Police Station; (c) rejected the request for the presentation of an identification card; and (d) assaulted D’s neck by hand at one time; and (d) assaulted D’s left part by drinking at one time.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of E and F;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking) of the same Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment for each sentence;

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 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend a lecture [the scope of recommended punishment] and the reason for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] shall be observed only on the ground that the sentencing criteria for which no guidelines exist for the basic area (from June to June, one year and six months) (the person subject to special sentencing) is not set and the road traffic act (driving driving) with the offense under the former part of Article 37 of the Criminal Act.

[Determination of Sentence] The crime of this case is a bad and highly likely to be punished.

The defendant was also unable to properly recognize his fault in the police.

However, it appears that the defendant shows the attitude of late against the defendant, and that the defendant has no particular history of punishment in addition to the punishment once every time.

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