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(영문) 대전지방법원 논산지원 2018.05.29 2017고단721
업무방해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On October 7, 2017, the Defendant: (a) was under the influence of alcohol on the stairs of the victim D’s “Eel” 5th floor in Yasan-si, Masan-si; (b) on October 7, 2017, the Defendant 1 obstructed the victim’s Mour business by force by avoiding disturbance for about 40 minutes, with the victim’s desire to “Any dyp, fyp, fyp, fyp, fyp.”; and (c) the victim was under the influence of the Defendant.

2. On September 9, 2017, the Defendant: (a) driven a FST5 car at a distance of about 500 meters from the 19:30 meters from the 50-meter away from the 200-meter away from the 200-meter away from the 19:30-meter away from blood alcohol level to the 19:132% away from the 19:30 alcohol level.

Summary of Evidence

[2017 Highest 721]

1. Statement by the defendant in court;

1. Written statements of D;

1. Reporting on the arrest of a case (2018 high group 178);

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of alcohol and application of Acts and subordinate statutes of the report on the circumstances of drivers;

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of drinking alcohol) of the Road Traffic Act, and the choice of imprisonment for each sentence;

1. The Defendant, with reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the same Act, has the history of criminal punishment (three times within ten years, one suspended sentence, and five times).

In particular, the defendant was sentenced to the 2-year suspended sentence of imprisonment for 8 months due to disturbance in the work, etc., and was driving alcohol on the only day of the two months, and interfered with the cartel business again.

The sentence imposed on the defendant is inevitable during the current suspension of execution.

However, considering the short distance of drinking driving, the fact that the defendant is erroneous, the fact that the victim of the obstruction of business helps the defendant use the defendant, and other circumstances that form the sentencing as shown in the records and theories of this case, such as character and behavior, the environment, and the circumstances after the crime, are considered as ordered.

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