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A defendant shall be punished by imprisonment for not less than eight 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
On January 28, 2016, the Defendant driven a c galloning vehicle from around 300 meters to around 143, Jeju-si, Jeju-si, under the influence of alcohol level of 0.248% among the blood transfusion around 16:03 on January 28, 2016.
On January 29, 2016, the Defendant, “2016 Highest 184, the Defendant, from E main points located in Jeju Island around 04:18, the Defendant continued to serve in the main points without returning to the house after drinking alcohol. Upon receipt of the report, the Defendant called the F District Assistant G of the Police Station in the Jeju Western, the Defendant called the Defendant out of the main points.
At around 04:25 on the same day, the Defendant reported that the above G was going to get on the patrol vehicle and took a bath to view that it was going to get on the patrol vehicle, and was faced with the head of G.
As a result, the Defendant interfered with the legitimate execution of duties by police officers related to the maintenance of order, and at the same time, damaged the 2 feet that requires the above victim G (47 years) to provide approximately one week medical treatment.
Summary of Evidence
"2016 Highest 138"
1. Statement by the defendant in court;
1. Inquiries into the results of crackdown on the driving of alcohol, and a statement of the circumstances of the driver's license. "2016 Height 184";
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. Application of Acts and subordinate statutes to related photographs and diagnostic notes;
1. Article 148-2 (2) 1, Article 44 (1) of the Traffic Act (the point of drinking), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reasons for sentencing of Article 62-2 of the Criminal Act for the provision of community service and order to attend lectures are considered as follows, and the circumstances favorable to the determination of punishment as ordered are recognized.