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(영문) 대구지방법원 서부지원 2020.01.30 2019고단2389
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

Around 01:30 on August 25, 2019, the Defendant driven a C low-priced car while under the influence of alcohol content of 0.202% at the section of approximately 100 meters near the entrance of the Daegu-gu B-gu, Daegu-gu. B.

On August 25, 2019, at around 03:15, the Defendant stated that “Ap. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F., who had been arrested due to his/her personal arrest, due to his/her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son, etc.

As a result, the defendant interfered with legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

"2019 Highest 2389"

1. Defendant's legal statement;

1. The actual situation survey report, photographs of accident site, notification of the results of the drinking driving control, statement of a drinking driver, statement of the circumstances of a drinking driver, insurance subscriber certificate, and the register of driver's licenses "2019No2438";

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Place of service;

1. Application of the Act and subordinate statutes to the investigation report (No. 4,6)

1. Relevant legal provisions concerning the crime, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties), and the choice of imprisonment;

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. It seems clear that Article 62(1) of the Criminal Act of the suspended execution recognizes each of the instant crimes and does not repeat again, the Defendant has no specific penalty power until now since 2006, and the Defendant’s spouse, etc. wanting to take an active interest in preventing recidivism, and social ties are clearly seen.

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