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(영문) 수원지방법원 2014.07.24 2014고단2786
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 25, 2014, the Defendant, while under the influence of alcohol at a 0.206% of blood alcohol concentration, was driving a B-hand vehicle at the 1km section from the front of the life-long restaurant in the Suwon-si, Suwon-gu, Suwon-si, to the front of the 68-6 private restricted council members of the Suwon-si, Suwon-si, Suwon-si, Suwon-si, 159m.

2. On April 25, 2014, the Defendant refused to take a 112 patrol vehicle’s back seat from the superintendent of the police station belonging to the Suwon Police Station when he was arrested as a flagrant offender and carried the vehicle onto the earth as above, and obstructed police officers’ legitimate performance of their official duties concerning drinking control and arrest of flagrant offender, etc., by taking the above C’s fright at one time on drinking, while refusing to take a 112 patrol vehicle’s back seat from the superintendent of the police station belonging to the Suwon Police Station.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the statement of the state of running a motor vehicle;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, Article 136 (1) of the Criminal Act, the choice of imprisonment, and the choice of each sentence;

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. Article 62 (1) of the Criminal Act;

1. The punishment as ordered by the court shall be determined in consideration of the overall sentencing conditions, such as the fact that the defendant's reasons for sentencing under Article 62-2 (1) of the Social Service Order Criminal Act reflects his mistake, the fact that there is no record of punishment heavier than a suspended sentence, the defendant's blood alcohol concentration at the time of drinking driving, the recommendation [the mitigated area of the obstruction of performance of official duties, the mitigation area (one month to eight months), and the special mitigation area: the case where the degree of assault, intimidation and deceptive scheme is minor].

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