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(영문) 대구지방법원 포항지원 2013.07.11 2013고단494
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2013Kadan494] On March 10, 2013, at around 23:00, the Defendant: (a) expressed the “D’s main points for the operation of the Victim C, which is located in Nam-gu, Nam-gu; (b) under the influence of alcohol, the Defendant took a bath of the victim’s bar business by putting the victim into drinking together with other customers and drinking together with other customers without their permission; and (c) he prevented the victim from doing so, such as putting the victim into drinking and drinking together with other customers, and doing a bath, and thereby preventing the victim from doing so; and (d) the victim’s bar business by force.

[200] On October 1, 2010, the Defendant was notified of a fine of KRW 2 million due to a violation of the Road Traffic Act in the distribution branch of the Daegu District Court of the Republic of Korea on October 1, 2010. On April 19, 2013, the Defendant filed a claim for a summary order of KRW 3 million with the same court as the same crime.

On May 3, 2013, around 23:25, the Defendant driven a e-mail-man car under the influence of alcohol content of 0.068%, from the front of the mutual influence point in the Northern-gu, Northern-dong to the front of the police culture center located in the same Gu-dong, the Defendant driven the E-mail-man car under the influence of alcohol content of 0.068%.

Summary of Evidence

[2013 Highest 494]

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. A criminal investigation report (related to theCCTV analysis and the closure of major pages);

1. Defendant's legal statement;

1. A written statement of alcohol alcohol or a written report on detection of a driver from alcohol (investigative records No. 13);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a summary order, etc. attached to a summary order, etc. of records of driving sound);

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime (a point of interference with business), Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (a point of sound driving) of the Road Traffic Act, and the choice of imprisonment, respectively;

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

1. Article 53 of the Criminal Act for discretionary mitigation.

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