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(영문) 청주지방법원 2017.05.22 2016고합246
특수공무집행방해치상등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

On October 13, 2016, the Defendant driven a FN-si car under the influence of alcohol leveling 0.128% while under the influence of alcohol leveling 0.128% in front of the “E” household store located in a considerable area of Cheongju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a copy of a report on detection of a driver in charge of the principal and a copy of alcohol concentration in blood;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

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

1. The result of the Criminal Procedure Act Article 334(1) of the Criminal Procedure Act, the jury verdict, and the fact of violation of traffic law (driving of alcohol) on the roads of sentencing: The sentencing of seven jurors guilty - the opinion of a fine of KRW 4 million - the opinion of a fine of KRW 3: three persons - a fine of KRW 3.5 million: Three persons - a fine of KRW 3 million: The circumstances favorable to the defendant for sentencing of one person are as follows.

The Defendant recognized the instant crime and runs against the Defendant.

There is no record of punishment for the same crime, and there is no record of punishment exceeding the fine.

Circumstances unfavorable to the defendant are as follows:

The alcohol concentration in the blood of the defendant is not lower than 0.128%.

In addition, in consideration of the defendant's age, sex, career, environment, background and result of the crime, all of the sentencing conditions as shown in the records and arguments of this case, such as the circumstances after the crime, and the jury's opinion on sentencing as follows, the punishment shall be determined as ordered.

The acquittal portion

1. On October 13, 2016, the Defendant: (a) driven a FN city car with alcohol content of 0.128% in the blood alcohol level on around October 13, 2016; and (b) driven a road front of the “E” household located in Cheongju-si, a considerable amount of Cheongju-si; (c) discovered police officers who control the driving of drinking on the road before the construction site of the Yama-si; and (d) found illegal internships in order to avoid the crackdown on drinking; and (e) issued a stop order to regulate drinking from the victim H (46 years) in the circumstances where the police station was affiliated with the police station corresponding to the Cheongju-ju who observed the order.

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