Text
1. Defendant shall be punished by a fine of 4,000,000 won;
2. Where the defendant does not pay the above fine.
Reasons
Punishment of the crime
1. A public performance obscenity, around 02:45 on December 30, 2014, the Defendant: (a) stopped the Defendant’s driver’s frighting car on the side of the road front of the bus stop of the Handong apartment located in the Hannam-gu, Yannam-gu, Yannam-do; and (b) opened a steering window on the front side of the bus stop; and (c) carried out an obscene act by openly taking the sexual flag out while reporting the victims, C, D, etc.
2. Around 03:10 on December 30, 2014, the Defendant driven a B-learning car under the influence of alcohol content of approximately 0.076% in a section of about 700 meters, from the front of the above Handong apartment to the Jinnam-gu, Namyang-gu, Namyang-gu, Jinnam-ro, Jin-nam, Seoul, to the front road of about 631 Jin apartment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police with respect to C and D;
1. Application of Acts and subordinate statutes to the circumstantial report on a host driver;
1. Relevant Article 245 of the Criminal Act for the facts constituting an offense (the point of public performance and obscenity, the choice of a fine), Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of driving and the selection of a fine);
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;