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(영문) 수원지방법원 2017.06.28 2017고단1494
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 22, 2017, the Defendant violated the Road Traffic Act (breathing) driving on a 30-meter section from the “C” underground parking zone in the “C” building located in the wife population B under the influence of alcohol with a maximum of 0.092% alcohol content during blood transfusion around 19:40, to the front day of the settlement of charges.

2. The Defendant interfered with the business by leaving the site at the entrance of the above fare settlement unit and preventing other vehicles to move to the above entrance from leaving the site during the time and place specified in paragraph 1 as a matter of parking lot employees and parking fees. By force, the Defendant interfered with the victim E (63 years)’s parking lot management work by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in preparation of a letter of apology to E;

1. A statement prepared by the F;

1. Application of a principal report, on-site photographing statutes;

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) 3 and 44 (1) of the Road Traffic Act (the point of drinking), and the choice of imprisonment for each sentence concerning the 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. In full view of the criminal records of the Defendant’s punishment, blood alcohol concentration, degree of interference with business, and all the other conditions of sentencing revealed in the trial process, the sentencing as ordered by Article 62(1) of the Criminal Act is to be imposed.

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