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(영문) 서울남부지방법원 2019.01.24 2018고단5839
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On September 11, 2018, the Defendant violated the Road Traffic Act ( sound driving) driving at a section of about 50 meters from the front road located in Yeongdeungpo-gu Seoul Metropolitan Government to the front road of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “Seoul Yeongdeungpo-gu”), while under the influence of alcohol at about 0.153% of alcohol level, the Defendant driven the e-wing truck with the E-wing truck under the influence of alcohol level.

2. On September 11, 2018, at the front of Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant: (a) received a sign of no parking prohibition on driving a truck on the street, such as Paragraph (1), and accordingly, carried the cell phone on the floor on the ground that he did not comply with the request of the police officer G to present a driver’s license, who was dispatched after receiving a 112 report; (b) G kept the cell phone on the floor on the ground that he did not comply with the request; and (c) required a continuous presentation of a driver’s license; (d) G putting the door of the truck’s driver’s seat on his hand and demanded a continuous presentation of a driver’s license, thereby making him strong the driver’s seat on his hand.

As such, the Defendant assaulted a police officer G and interfered with the legitimate execution of duties concerning G crime prevention and investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes to reports on the statement of the state of drinking drivers, and the results of the control of drinking driving;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act and Article 136 (1) of the Criminal Act concerning criminal facts;

1. Selection of an alternative fine for 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is one time, the drinking driving power is relatively high, and the use of violence against the legitimate executor without any reason is unfavorable to the defendant.

However, there is no other criminal punishment, G police officers do not want the punishment of the defendant, and the degree of assault.

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