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(영문) 서울동부지방법원 2017.04.12 2017고단239
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On January 6, 2017, the Defendant was sentenced to a summary order of KRW 1,00,000 as a crime of violating the Road Traffic Act (driving) at the Seoul Central District Court.

2. Criminal facts;

A. On December 3, 2016, the Defendant, while under the influence of alcohol level of 0.139% (the aforementioned dmark formula) during blood transfusion around 04:43, the Defendant driven the B-learning car from the Defendant’s house located at C, 103 Dong 904, to the north-wester of the Young-dong B, Young-dong, Seoul Special Metropolitan City.

B. On December 3, 2016, at around 05:00 on December 3, 2016, the Defendant interfered with the performance of official duties is driving a vehicle on the one-lane north-ro on the road above the 'road north-ro on the river, which is located in Young-dong, Seoul Gwangjin-gu, Seoul, and a male is sloping in the vehicle.

The accident day was clear.

“A police officer affiliated with the Seoul Mine Police Station D, who was called upon the report of 112, tried to verify the Defendant’s drinking in the Defendant’s entrance by checking the Defendant’s smelling, and using a drinking reduction device. On the grounds of mechanical error, etc., the Defendant was requested to continue to respond to the measurement of drinking on several occasions, and sought to refuse the measurement of drinking and escape. Accordingly, the above E committed assault, such as the above E’s flabing the flabing, etc., in order to prevent the Defendant from escape.

As above, the Defendant assaulted police officers, thereby obstructing police officers from performing their legitimate duties concerning the prevention, suppression and investigation of crimes, public peace and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, Article 136 (1) of the Criminal Act;

1. The decision of each of the alternative fines for punishment (0.069% on November 13, 2016) is made without being unrefilled despite the fact that the fine had already been punished due to drinking driving on around November 13, 2016.

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