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(영문) 부산지방법원 2016.03.29 2015고단8650
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On November 27, 2015, the Defendant was under the influence of alcohol content of 0.117% in blood transfusion around 23:40 on November 27, 2015, the Defendant driven CMW car from the parking lot of the 1st floor below the 19th floor to the 1st floor above the 19th floor of the 1st floor below the 19th floor of the 20th floor below the 20th floor below the 19th floor below the Busan city.

2. On November 28, 2015, the Defendant interfered with the performance of official duties, who was at the place indicated in paragraph 1 at around 00:13, 2015, “a person who was a main driver destroys water” is two persons, such as E in the circumstances in which the D District was called out after receiving a 112 report.

I would like to hear the word "," and I would like to see why I would like to drive from the shot parking lot to the shot.

“A police officer’s legitimate execution of duties in relation to the handling of report 112 at the time of a police officer’s 112 shoulder and chest by drinking.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to receipts, photographs, reports on the situation of the driver's license, and reports on the detection of the driver's license;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the selection of fines for each crime;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes with the punishment determined by a obstruction of the execution of heavier official duties: Provided, That the lowest sentence shall be determined by the punishment determined for the violation of Road Traffic Act];

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime related to the obstruction of normal performance of official duties, which is disadvantageous to the reason for sentencing under Article 334(1) of the Criminal Procedure Act, is a crime that undermines the function of the State by nullifying the legitimate exercise of public authority, and thus, it is not a criminal record that the normal defendant who is advantageous to the necessity of strict punishment for establishing the national legal order and eradicating the light of the public authority, and that there is no criminal record exceeding the fine that the damaged person does not want the punishment of the defendant.

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