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(영문) 인천지방법원 2019.08.28 2019고단4687
도로교통법위반(음주운전)등
Text

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

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

Reasons

Criminal facts

1. On June 30, 2019, the Defendant: (a) driven B taxi under the influence of alcohol with a blood alcohol concentration of 0.09% 0.09% on the front of the middle-distance 811, as in the Seo-gu Incheon, Seo-gu, Seo-gu, Incheon, at around 23:43, 2019.

2. The Defendant of the obstruction of performance of official duties, at the same time and place as indicated in paragraph (1), and at the same time and place as indicated in paragraph (1), after receiving 112 reports that a taxi is under drinking alcohol driving, abandoned cigarette butts on three occasions, while displaying complaints to the Gyeong and Police Officer belonging to the Incheon Western Police Station C District D and E who controlled drinking. Accordingly, the police officers issued a notice of penalty to the Defendant as the fact of violating the Punishment of Minor Offenses Act, and issued the notice of penalty to the Defendant, “I am bit bit bit bit bit bit bit bit bit bit of bit bitch bitch,” and sent the notice and driver’s license to the above police officers at the side of the sidewalk, “I am bit bit bit bit of bitch bitch bitch bit of the above police officers,” and tighted three times by hand and shouldered the son’s chest part, etc.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of 112 reports by police officers, the crackdown on drunk driving, and the crackdown on light crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E and D;

1. Inquiry into the result of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act of the choice of punishment, Article 136 (1) of the Criminal Act [Selection of fines by taking into account the following: (a) there is no past record of criminal punishment for the crime of violating the Road Traffic Act since 2001; (b) there is no criminal record related to the crime of obstruction of performance of official duties; (c) there is no criminal record related to the crime of obstruction of official duties; and (d) there is no reflect of one'

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

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

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

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