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(영문) 서울중앙지방법원 2018.08.24 2018고단4137
도로교통법위반(음주운전)등
Text

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

1. On February 4, 2018, the Defendant: (a) driven a C-3 car on the roads in front of Gwanak-gu in Seoul Special Metropolitan City while under the influence of alcohol content 0.178% in blood around 05:10 on February 4, 2018.

2. On the same day as paragraph (1) of this Article, the Defendant: (a) around 05:35 on the same day, at the entrance of the building for the investigation of traffic accidents at the Gwanak-gu Seoul Special Metropolitan City Gwanak Police Station, 5:33, Gwanak-gu, Seoul Special Metropolitan City, with the police officers dispatched to the scene of the accident due to the occurrence of traffic accidents while driving alcohol, and immediately after having arrived at the police station on the patrol 11, and immediately after having arrived at the patrol, the Defendant’s own bit bit

"A bath," etc., and the chief salking of patrol vehicles was cut to the hands and damaged.

3. The Defendant continued to interfere with the performance of official duties, at the same time, at the same place as paragraph 2, and at the same time and place as that of paragraph 2, the police officer’s legitimate performance of official duties by assaulting police officers with regard to the suppression of crimes, maintenance of order, etc., by assaulting police officers, such as: (a) the police officer E, who belongs to the Seoul Gwanak Police Station D District Team, was prevented from damaging the Defendant; and (b)

Summary of Evidence

1. Defendant’s legal statement

1. Statement E;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes to photographs damaged by patrol cars;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol, the choice of imprisonment), Article 141 (1) of the Criminal Act (the point of damaging public goods, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties and the choice of imprisonment) concerning criminal facts;

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 suspension of execution (The confession, deposit, partial compensation for damage, record of crime, etc.);

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