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(영문) 서울중앙지방법원 2014.08.13 2014고단4489
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. Around 00:50 on March 26, 2014, the Defendant driven a 124CC motorcycle while under the influence of alcohol leveling 0.103% without obtaining a motorcycle driver’s license from the front Do of the Seoul University located in the Gwanak-gu Seoul Special Metropolitan City University from around 01:0 on the same day until around 3:00 on the same day, the Defendant driven a 124CC motorcycle while under the influence of alcohol leveling 0.103% without obtaining a motorcycle driver’s license.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act driving the said motorcycle, which was not mandatory insurance, at the same time and place as the preceding paragraph.

3. Around 01:00 on March 26, 2014, the Defendant, at the time of the obstruction of performance of official duties, called “D convenience store” in Gwanak-gu in Seoul Special Metropolitan City, for the “D convenience store” (hereinafter “D convenience store”), received a report of 112 staff E, and sent to the police station F.

At around 01:20 on the same day, the Defendant accused the F’s complaint that the F attempted to arrest as an offender in the act of committing an act of committing an offense, and assaulted F’s bucks one time to walk with F’s bucks, stating that “in the Republic of Korea, it is attached to the school seat . . . . . d. d. d. d. f.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement concerning F;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Each photograph;

1. Application of Acts and subordinate statutes to investigation reports (official application of the Badmark);

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and Article 136 (1) of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Aggravation for concurrent crimes;

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