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(영문) 수원지방법원 2013.05.16 2013고단338

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

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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 16:30 on September 7, 2012, the Defendant driven the Cgel-ro truck under the influence of alcohol concentration of 0.188% without obtaining a driver’s license from a section of about 20 meters from the front of the Berter tunnel in the Dong-dong, Suwon-si, Suwon-si, to the steel tower located in the same Dong, and without obtaining a driver’s license.

2. The Defendant violated the Punishment of Violence, etc. Act (collective assault, deadly weapon, etc.) refers to the victim D (the age of 48) of a victim D (the age of 48) who was under construction while driving the cargo at a time and at a place under the above paragraph (1) refers to "drawing a road that is short of the roadway," and tried to hear that the employee of the victim, who was in a nearby place, would be snicking in the defendant's entrance and reporting to the police, and would be able to escape. However, the victim was prevented from driving the cargo in front of the cargo vehicle and preventing the escape, and the victim was aware that the vehicle was being loaded in the above D while driving the cargo at the same time and at a place, the victim was driving approximately 3 meters, as it is, despite being aware that the victim was driving.

Accordingly, the defendant assaulted the victim using dangerous cargo vehicles.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. D's statement among the police interrogation protocol against the defendant

1. Statement made to D by the police;

1. A report on detection of a host driver;

1. Application of the statutes on the register of driver's licenses;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Crimes; Article 260 (1) of the Criminal Act; Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act; Articles 152 subparagraph 1 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Order to attend lectures under the Criminal Act;