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(영문) 대전지방법원 2017.01.11 2016고단3903
업무방해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. When the Defendant’s driver’s license was revoked, making it impossible to work as an acting driver, the Defendant was willing to work under his name by concluding a contract for an acting driver under his name.

On March 2, 2016, the Defendant: (a) caused B to prepare a substitute driving service contract on behalf of the Defendant at the investment vehicle located in the 72-ro, Seo-gu, Daejeon on March 2, 2016; and (b) obstructed the victim (state) who knows the fact by driving with a proxy driving between March 3, 2016 and August 6, 2016 and a substitute driving call sent from the 8282 representative driving to the C numbered; and (c) interfere with the proxy driving service of the proxy driving.

2. The Defendant interfering with the performance of official duties.

8.6. 21:50 On June 21, 200, the Daejeon Seo-dong, Seo-gu, Seo-gu, Daejeon was arrested as the current criminal of violation of road traffic law (unlicensed driving) from E in the circumstances belonging to the Daejeon Police Station D.

Defendant 1 assaulted the above E with a defect that the above E intends to be locked to the Defendant, such as flaging the arms of the above E, flaging the two arms of the above E, and flag with two descendants.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

3. On August 6, 2016, the Defendant driven a motor vehicle without obtaining a driver’s license for a total of 638 times from the front line of “25 city patrol zone” to the front line of the Seo-gu, Seo-gu, Daejeon, Seo-gu without obtaining a driver’s license for a motor vehicle at around 200 meters from March 3, 2016 to the front line of the same sentence, and driving the motor vehicle from March 3, 2016 to around that time without obtaining a driver’s license for a total of 638 times, as indicated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Inquiries into the license ledger;

1. Application of the agency driving service contract and the details of agency driving by statutes;

1. Relevant Article 314(1) and Article 313 of the Criminal Act concerning criminal facts, the choice of punishment, and Articles 314(1) and 313 of the Criminal Act (Interference with business, choice of imprisonment), Article 136(1) of the Criminal Act (the point of obstructing the performance of public duties, the choice of imprisonment, and the choice of punishment), respectively.

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