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(영문) 광주지방법원 목포지원 2013.04.02 2013고정41

일반교통방해등

Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On July 3, 2012, the Defendant: (a) driven C cargo vehicles under the influence of alcohol by 0.246% in blood alcohol concentration at the distance of 3 meters from the beginning of the second apartment of 101 to the entrance of the above apartment, from the beginning of the second apartment of 101, which was located in the Mapoamamamamamamamb, around July 3, 2012.

2. In general traffic obstruction, the Defendant: (a) parked one cargo vehicle, which the Defendant is travelling on the entrance road of the Seochowon Two Apartment-dong, at the time of wood spool, and opened the door of the vehicle, thereby hindering the traffic by blocking the road.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. A report on detection of a host driver;

1. Application of the photographic Acts and subordinate statutes;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Provided, That the lowest limit shall be the minimum limit of the punishment determined for the violation of the Road Traffic Act];

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 2, 2008) (see, 2009Da11448, Apr. 2, 2009);

1. Articles 70 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;