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(영문) 서울중앙지방법원 2014.07.09 2014고정2535

도로교통법위반(음주운전)등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around 14:00 on February 17, 2013, the Defendant was driving B motor vehicles under the influence of alcohol with a blood alcohol concentration of 0.078% from the subway area near the subway area located in Dongjak-gu Seoul Metropolitan Government to the Dobongcheon8 Dong 1536-9-ro, Seoul Special Metropolitan City.

2. On February 17, 2013, at the front of the Seoul Gwanak-gu Seoul Special Metropolitan City Police Station D District, Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, the Defendant: (a) in order to verify the Defendant’s personal information for the investigation of the suspicion of property damage, and (b) Party E, by mixing the said E with the h’s hin, “I am yeast, I am yeast, I am yle, and I am her body with his hand, and threatened the said E’s face “I am syle that I am syle, I am.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Application of Acts and subordinate statutes to the report on circumstantial statements of a host driver, the report on detection of a host driver, and the investigation report (investigation into the Tramark);

1. Relevant Article of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, Article 136 (1) of the Criminal Act and the choice 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;