Text
A defendant shall be punished by imprisonment for nine 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. On March 17, 2018, the Defendant driven a D-ben-type car under the influence of alcohol content of approximately 0.116% in the 2.8km-ro Mando New Apartment-ro located in 110, Namyang-si, Namyang-si, Namyang-do, Namyang-do. From the Chang-do, the Defendant was under the influence of alcohol by around 0.116% in the 2.8km-do.
2. The Defendant was suspected of driving alcohol under the influence of alcohol, on March 17, 2018, at the victim F (31 years old) of the Southern Police Station E District, who was a policeman belonging to the Namyang Police Station E District, dispatched after receiving a report from 112 on a 110-ro Man-do Man-do 110, Man-do Man-do Man-dong, Namyang-do, Namyang-do, Mandong-do, 110.
Although the defendant tried to arrest an offender as the current offender, he left the parking lot floor, and buckbucks in the above patrolman were broken once.
As a result, the defendant interfered with the legitimate execution of duties by police officers regarding the prevention and suppression of crimes, and at the same time, the victim needs to receive approximately two weeks medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Notification of the results of crackdown on drinking before drinking, and notification to the relevant department that reported the 112 case;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Articles 148-2 (2) 2 and 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 the relevant criminal facts under the relevant law;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
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 Code of the Social Service Order was that the Defendant was under the influence of alcohol while driving a drinking alcohol, and the police officer, upon receiving a report, fleded about 5 km in order to measure the drinking alcohol, and the police officer, who attempted to arrest the Defendant, sustained the bodily injury.
The drinking of this accused is driving.