beta
(영문) 부산지방법원 2016.09.07 2015고정4211

업무방해등

Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

1. The Defendant is a person who, on October 12, 2007, issued a summary order of a fine of one million won at the Busan District Court for a violation of the Road Traffic Act (driving) and on April 23, 2015, issued a summary order of a fine of five million won at the same court as the same crime and violated Article 44 (1) of the Road Traffic Act at least twice.

On July 5, 2015, around 18:53, the Defendant stated that “the blood alcohol concentration of at least 0.05% without a car driver’s license is under the influence of alcohol at least 0.180%,” but the time when the Defendant measured the blood alcohol concentration of at least 0.180% from the time when he/she ends driving, it is difficult to view the blood alcohol concentration of at least 48 minutes as “0.180%” on the sole basis of the evidence submitted by the Prosecutor at the time of driving by the Defendant.

However, as mentioned below in the following column, it can be sufficiently recognized that the blood alcohol level at the time of driving was at least 0.05%, which is a punishment standard for punishment. Accordingly, criminal facts are recognized to the extent that it does not substantially disadvantage the defendant's exercise of his/her right to defense.

EMW car was driven while under the influence of alcohol.

2. At the time and time indicated in the above paragraph (1), the Defendant obstructed the victim’s apartment construction work by: (a) reporting the Defendant’s friendship who operates a cafeteria in front of the construction site of the D Apartment at the Busan Young-do, Busan Metropolitan City; and (b) reporting the victim G, who is the person related to the said apartment construction site, with the aim of obstructing construction; (c) parking the said BMW car at approximately 15 minutes before the entrance of the construction site; and (d) allowing the vehicle to enter the construction site, thereby obstructing the victim’s apartment construction work.

3. Abetting an offender;