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(영문) 전주지방법원 2015.06.09 2015고정261

일반교통방해등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On September 29, 2014, at around 01:37, the Defendant interfered with general traffic, the Defendant obstructed traffic by obstructing the flow of vehicles running in a way of leaving 27 minutes from that time to 02:04 on the road at the apartment entrance, on the ground that the Defendant was unable to properly park the rocketing-type car at the apartment parking lot, on the ground that the Defendant failed to park the B rocketing-type car at the apartment parking lot in front of the Jincheon-gu Seoul Special Metropolitan City and the B-type apartment entrance in the Songcheon-dong 1, 2014.

2. Violation of the Road Traffic Act (Refusal of measurement) on the same day, the Defendant did not comply with a demand for the measurement of alcohol on several occasions by a police officer belonging to the Jeonak-gu Police Station in charge of the Jeonak-gu Police Station dispatched out of the said facility, after receiving a report of intrusion due to considerable grounds to suspect that the Defendant was driving the said vehicle under the influence of alcohol, such as drinking in front of the entrance of the apartment at the entrance of the above apartment, red, and unstable words, etc., on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on voluntary driving of a person suspected of violating the Road Traffic Act;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes to investigation and report cases involving general traffic obstruction;

1. Relevant provisions of the Criminal Act, Article 185 of the Criminal Act, Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, the selection of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;