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(영문) 수원지방법원 2016.09.09 2016고합427
뇌물공여등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a passenger car in Csch Rex ES350.

1. On May 6, 2016, the Defendant: (a) around 01:00 on May 6, 2016, the Defendant, while driving the said vehicle on the front of the 673-1 KT branch located in Seocheon-dong, Seocheon-gu, Seocheon-gu, Gyeonggi-do; (b) was subject to control to E, who is in charge of patrol due to a violation of signal.

When the defendant measured alcohol level from the above police officer's blood alcohol level during the respiratory under the circumstances of driving at home and confirmed that he driven in the state of drinking, he made a bribe as to the police officer's duties by delivering cash 10,000 won (410,000 won) in cash as a reward to the left-hand side of the police officer, in response to his request for a change in violation.

2. 도로 교통법위반( 음주 운전) 피고 인은 위 ‘1’ 항과 같은 일 시경 혈 중 알콜 농도 0.154% 의 술에 취한 상태에서 용인시 수지구 동천동에 있는 래미 안 이스트 팰리스 1차 아파트 앞 도로에서부터 같은 구 풍 덕천동 673-1 KT 수 지점 정문 앞 도로에 이르기까지 약 1km 의 구간에서 위 차량을 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure and list of seized articles, and photographs thereof;

1. Application of Acts and subordinate statutes to report the circumstances of drivers driving a drinking and notify the results of regulating drinking driving;

1. Relevant legal provisions of the Criminal Act, Articles 133 (1), 129 (1) (the occupation of a bribe and the selection of a fine) of the Criminal Act concerning criminal facts, and Articles 148-2 (2) 2 and 44 (1) (the occupation of drinking and the selection of a fine) of the Road Traffic Act concerning the choice of punishment;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes within the scope of the sum of the maximum amount of the crimes specified for the crimes for which punishment is heavier than that for the crimes for which punishment is to be provided for a bribe, shall be aggravated: Provided, That the lowest sentence shall be applicable to the crimes specified for the crimes for

1. Article 134 of the Criminal Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is 1.

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