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(영문) 서울동부지방법원 2017.09.15 2017고정866
업무방해
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

Around 19:20 on December 1, 2016, the Defendant was driving a B B BW sport car and continued to drive a two-lane road near the rock station station located in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu along one lane. A D community bus driven by the victim C (41) was set off one-lane to turn to the left from the above shooting distance, and made it clear that the traffic accident occurred to turn to the left from the above shooting distance. A car of the Defendant was driven to the village bus of the victim and the victim's village bus cannot turn to the left from the private distance. A vehicle of the Defendant was set up in the front of the victim's village bus and the back part of the Defendant's vehicle was set in the front of the victim's village bus so that the latter part of the victim's vehicle can not proceed to the victim's village bus because it was even set in front of the victim's village bus.

The Defendant interfered with the victim’s community bus operation by force for about five minutes as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The Defendant asserted to the effect that there was no intention to obstruct the Defendant’s business, but in light of the progress and required time of the Defendant’s vehicle and village bus known by each of the above evidence, the community bus could not proceed for a considerable period of time due to the same act as the Defendant’s criminal facts, and the Defendant could sufficiently have known such fact.

I seem to appear.

We do not accept the above argument.

Application of Statutes

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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 is that there are other circumstances that may be taken into account the motive and circumstances leading to the instant crime. The trial process of the instant case, such as the Defendant’s age, sex, criminal record, criminal record, means and consequence of the instant crime, etc.

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