Text
Defendant shall be punished by a fine of 14 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
[criminal power] On January 2, 2017, the Defendant was issued a summary order of KRW 6 million by the Incheon District Court for a crime of violation of the Road Traffic Act.
【Criminal Facts】
1. Around 14:30 on September 15, 2020, the Defendant driven an E rocketing vehicle under the influence of alcohol by 0.185% from the 1km section from the “C” road located in Michuhol-gu Incheon, Michuhol-gu, Incheon to the front road of Michuhol-gu, Incheon.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
2. 공무집행방해 피고인은 2020. 9. 15. 14:45경 인천 미추홀구 D 앞 도로에서, ‘쏘렌토 한 대가 비상 깜박이를 켜고 정차 중, 창문 넘어 보니 운전자가 고개를 떨구고 있어 의식이 없는 것 같다’는 119 구조 신고를 받고 출동하여 운전자 상태 확인을 위해 피고인 차량에 진입하려는 미추홀소방서 구조대 소속의 소방사 F을 보고 시동을 걸고 현장을 이탈하려고 하였고, 이를 제지하는 위 F의 머리 및 팔 부위를 주먹으로 수회 때려 폭행하였다.
Accordingly, the defendant interfered with the legitimate execution of duties of fire-fighting officials 119 emergency services.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. Previous records: Application of criminal records, etc. and inquiry reports and drinking driving records, etc.-related Acts and subordinate statutes;
1. Relevant legal provisions concerning the crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of sound driving), Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties), and the selection of fines (the details and circumstances of the crime of this case, blood alcohol density, degree of damage, criminal records, etc. of the defendant) of the choice of punishment;
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. The order of provisional payment;