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(영문) 수원지방법원 2018.08.29 2018고단3564
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for one year;

2. The knives of seized knife (No. 1) shall be confiscated from the defendant;

Reasons

Punishment of the crime

1. On May 29, 2018, the Defendant driven C QM5 vehicle under the influence of alcohol content of about 0.192% from the 2km section from the 2k-ro, 37-lane, Hasan-si, Hasan-si, Hasan-si to the 27-lane, Osan-si, Osan-si, to the B-si, Osan-si.

2. On May 29, 2018, the Defendant interfered with the performance of special official duties: B on May 29, 2018, 2018, the Defendant: (a) at the Defendant’s residence located in the 201st century, “a person driving a drinking alcohol while driving a vehicle”; (b) when drinking control was conducted from the police officer belonging to the police officer affiliated with the police officer of the Jindong Police Station D police Station in the Jindong-dong Police Station, the Defendant called the police officer “a person driving a drinking by driving a house at home, and is a person driving a house at home,” the police officer asked the police officer to “a person driving a house at home” but, on the ground that the police officer did not see it, the police officer took a dangerous thing (total length: 24 cm, knif: 13 cm) while b) and b) took the Defendant’s residence, and obstructed the police officer’s legitimate execution of duties, thereby threateninging the police officer’s prevention and criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. G statements;

1. Seizure records;

1. Application of Acts and subordinate statutes to photograph seized articles, such as circumstantial reports, photographs, etc. of drivers employed at home;

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, as prescribed by the relevant Act, Articles 144 (1) and 136 (1) of the Criminal Act (the point of obstructing the performance of official duties for each special purpose);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty: Imprisonment with prison labor;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes with the punishment determined by a crime of interference with the execution of heavier special public duties: Provided, That the lowest sentence shall apply to the punishment determined for a crime of violation of Road Traffic Act (driving of Drinking);

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [the scope of applicable sentences] ] Imprisonment with prison labor for a period of six months to seven years and six months [the scope of recommended sentences].

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