beta
(영문) 광주지방법원 해남지원 2013.06.12 2013고정60

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around January 23, 2013, the Defendant was driving a vehicle with blood alcohol concentration of about 0.161% in a approximately 4km section from the road front of the Gando-Eup Eup-Myeon-do-Eup, Chungcheongnamdo-gun to the front road in the same Eup/Myeon-do-do-Eup, a vehicle with B Abdo-ri-ri, while under the influence of alcohol level of about 0.161% in the front road.

2. On January 23, 2013, the Defendant: (a) around 23:00, at the D police box located in the Jeonnam-gun, Jeonnam-do; (b) when he was requested by a police officer affiliated with the said police box to measure drinking, the Defendant: (c) went on the floor; (d) was snicker or his cellular phone; (c) was snicking the ebbbbbbing; and (d) went beyond a computer monitor on his book.

The Defendant interfered with the legitimate performance of duties by a police officer on duty in the police box in the above manner.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial reports on drivers;

1. Relevant legal provisions concerning the crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment, and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of fines);

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.