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(영문) 전주지방법원정읍지원 2020.12.24 2020고단259
업무방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 17:00 on April 5, 2020, the Defendant driven a e-mail vehicle without obtaining a driver’s license in the direction of approximately 0.073% of blood alcohol concentration in the section of about 500 meters from the 500-meter radius to the road of approximately 64 meters away from the 500-meter radius of the e-mail-gun, Go Changwon-gun, Gowon-gun, Gowon-gun, Gowon-gun, Gowon-gun.

2. On April 6, 2020, from around 06:10 to around 07:20 on the same day, the Defendant obstructed the victim’s agricultural products shipping operations by avoiding disturbances for about 70 minutes, by force, on the ground that he was under the influence of alcohold in front of the vinyl C victim D (manam and age 69) who was in the process of agricultural products shipping, was unable to perform shipping operations due to the lack of value of additional goods traded with the victim during the previous period, and was unable to perform shipping operations due to the lack of value of additional goods.

Summary of Evidence

1. Statement of the police concerning D's legal statement of the defendant;

1. The circumstantial statement of the employee;

1. Copy of notification of the control of drinking driving;

1. A report on internal investigation, on-site photographs;

1. Registers of driver's licenses;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant provisions of Article 148-2 (3) 3, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 314 (1) of the Criminal Act (a point of interference with business) of the same Act;

1. Selection of a sentence as provided for in Articles 40 and 50 of the Criminal Act (the crimes of violation of the Road Traffic Act due to drinking and driving without a license and the punishment prescribed for the crimes of violation of the Road Traffic Act due to drinking with heavy penalty) shall be sentenced to imprisonment with prison labor for the selection

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes within the scope of adding the long-term punishment for both crimes prescribed by the heavier crime of interference with business];

1. Article 62 (1) of the Criminal Act;

1. Probation;

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