Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

[2017 High Court Decision 772]

1. On November 15, 2016, the Defendant: (a) listened to the phrase “E main office” of the victim D’s operation in Ansan-si around 02:50, the Defendant: (b) listened to the victim’s speech that he cannot sell alcoholic beverages because of no female employee; and (c) obstructed the victim’s drinking-related business by taking off the franking knife (a branch office located in the Suwon District Public Prosecutor’s Office, 2017, No. 60, No. 1 of the evidence 60, No. 2017, No. 60, No. 33.5cm of the total length, and approximately 20cm of the knife-day length) from the knife-si; and (b) interfered with the victim’s drinking-related business by force for 20 minutes, such as taking the knife-day’s instant cup.

[2017 High Court Decision 773]

2. On November 29, 2016, the Defendant, while under the influence of alcohol at around 02:50 on the alcohol level, driven a Fone Star Co., Ltd. over about 2 km from the tropic calendar station near the Gu, and the control distance in the same Dong during the safe-time period, while under the influence of alcohol leveling 0.146%.

Summary of Evidence

[2017 High Court Decision 772]

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. On-site and photographs of seized articles (2017, ancient 773);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a statement on the circumstances of a driver who is placed in driving and inquiry about the results of regulating drinking driving;

1. Relevant legal provisions of the Criminal Act, Article 314 (1) of the Criminal Act (the point of interference with business), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;