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(영문) 창원지방법원 2016.04.22 2016고단88
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 02:40 on December 12, 2015, the Defendant violated the Road Traffic Act (breathing) driven a D-cracking car in the state of drinking 0.140% of alcohol concentration at the section of approximately 2km from the front of the cafeteria of the Changwon Police Station C, the Changwon Police Station C, located in the same Gu, which was located in the south-gu, Sungwon-si, Sungwon-si, Changwon-si, Seoul, to the front of the police box in the same Gu.

2. On 02:42 on 2015, the Defendant: (a) arrested a flagrant offender as a crime of violating the Road Traffic Act by the police officer, etc. who belongs to the said police box prior to the said police box; (b) took the police box to C; and (c) took a bath to undergo a alcohol test by stating, “I must do so” who was requested by the security guards to take a alcohol test; and (d) taken twice the chest part of the said box by hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to investigation of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Report on the situation of driving under drinking, notification on the result of crackdown on driving under drinking, and report on the situation of the driver under driving under drinking;

1. Response to a request for appraisal;

1. Application of enforcement manual statutes;

1. Relevant legal provisions concerning the facts constituting an offense and driving at the option of a punishment: The point of obstructing the performance of official duties under Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the choice of imprisonment): Article 136 (1) of the Criminal Act (the choice of imprisonment);

1. Articles 37 and 38 of the Criminal Act to increase concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended sentences according to the sentencing criteria;

(a) interference with the performance of official duties [the scope of recommended punishment] and interference with the performance of official duties, the basic area (from June to one year and four months) (the person who is subject to special sentencing) of Class 1 (Interference with the performance of official duties and coercion of duties)

B. Since the crime of violation of road traffic law (driving of alcohol) whose scope of concurrent crimes is aggravated according to the standards for handling multiple crimes is an offense for which the sentencing guidelines are not set, according to the standards for handling multiple crimes, the range of final sentencing is not less than six months, which is the lower limit.

2. Sentence;

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