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(영문) 서울서부지방법원 2018.09.28 2018고합76
위계공무집행방해등
Text

[Defendant A] Imprisonment with prison labor for one year and six months and fine for negligence of 3,000,000 won

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

[Defendant B] On July 21, 2016, the Seoul Central District Court sentenced 10 months of imprisonment with prison labor for a violation of the Road Traffic Act and 2 years of suspended execution, etc., and became final and conclusive on July 29, 2016.

【Criminal facts】 2018 Gohap 76】

1. Defendants A’ joint crime is a person working as an examiner at the C driver’s license examination site belonging to the Road Traffic Authority, and Defendant B is a person who took lessons of unregistered private driver’s license against applicants for a driver’s license test. Defendant B, upon receiving a payment from applicants who have difficulty in obtaining a driver’s license, was willing to acquire a driver’s license through unlawful means, such as a proxy test, upon request from applicants who have been involved in the process of obtaining a driver’s license.

On September 22, 2014, the Defendants: (a) at the C driver’s license test site in D; (b) at the C driver’s license test site in D, Defendant B did not regard the functional test in order to apply for a Class A driver’s license test; and (c) requested Defendant A to allow the ancillary to the driver’s license test; and (d) Defendant A, upon receipt of the above request, ordered the C driver’s safety personnel of the COS to take the skill test and to inspect the course; and (b) Defendant B acquired the Class A driver’s license.

As a result, the Defendants conspired to interfere with the performance of duties concerning driver's license management by employees of the Road Traffic Authority through a deceptive scheme from February 22, 2018, and thereby interfered with the performance of duties concerning driver's license management by the employees of the Road Traffic Authority through a deceptive scheme at least six times, such as (i) the list of crimes committed in attached Form 2.

2. The sole criminal conduct of Defendant A;

A. The Defendant interfered with the performance of the official duties in a deceptive scheme is a person working as an examiner at the C driver’s license examination site belonging to the Road Traffic Authority, and the Defendant was asked by the applicants who have difficulty in obtaining the driver’s license and was acting as an agent.

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