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(영문) 광주지방법원 2018.07.19 2018고단2088
위계공무집행방해
Text

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

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

Reasons

Punishment of the crime

The defendant is a Chinese, and is a person engaged in the repair and maintenance of machinery in the Dispute Resolution Co., Ltd. in Naju-si.

When the Defendant applied for three-dimensional ordinary driver's license written in Korea, but continued failure to pass the first-class ordinary driver's license, the Defendant considered the test problem using mobile phone display cases.

On April 24, 2018, around 14:15, the Defendant entered the first class ordinary vehicle driving license test conducted at the examination site of the South Korean driver's license, which is located in the 49-ro, Young-si, Young-si, the Defendant: (a) searched signs, etc., setting up a mobile phone, the land price of which is prohibited, onto knene, and setting up a test for the “the issue of Chinese driver's license written.”

In the end, the Defendant interfered with the execution of duties related to the driver's license test management by the test supervisor belonging to the test commander of the South Korean driver's license test division.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The list of applicants for a driver's license test (Class I general class II), the list of applicants for a computer course test, and the list of applicants for a computer course test;

1. Application of each statute on photographs;

1. Article 137 of the Criminal Act applicable to the crime and Article 137 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act prevents the Defendant from performing his/her duties relating to the driver’s license test management by fraudulent means by using mobile phone application. Even after the detection of fraudulent acts, the Defendant is punished by a fine in consideration of the following: (a) even though the examination is completed, the Defendant’s mistake is not good; (b) the Defendant has no record of punishment in the Republic of Korea; (c) the Defendant has faithfully worked for domestic companies; and (d) the employees of the above company’s staff wanting to take the Defendant’s preference.

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