특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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.
Punishment of the crime
1. Around 00:40 on December 21, 2014, the Defendant assaulted the victim, without any justifiable reason, by taking the victim’s desire, who was an acting engineer, at a three-distance near an island amusement park located in Jinyang-si, Jinyang-si, Jinyang-si, who is an acting engineer, during the course of getting on the top of the D EFIst or another car operation, a driving by the victim C (Nam, 53 years of age), who was driven by the Defendant.
2. On July 5, 2010, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act at a governmental district court on the grounds of the violation of the Road Traffic Act, and a person who was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Seoul Eastern District Court on November 23, 201 and was sentenced to a summary order of KRW 2 million for a drunk driving on at least two occasions at the Seoul East Eastern District Court on November 23, 201.
At around 01:00 on December 21, 2014, the Defendant driven a DFyst or other car under the influence of alcohol by 0.190% in the section of approximately 10km alcohol content from the 3rd distance near the night amusement park located in the Jin-Eup, Jin-si at Yangju to the parking lot for the Sejong apartment located in the same city of Jin-Eup.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Report on the statement of the status of a drinking driver, and report on detection of a drinking driver;
1. Evidentiary photographs and investigation reports on suspect vehicles (the relative, etc. of a shote);
1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (report accompanied by a summary order of the same kind of power);
1. Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 148-2(1)1 of the Road Traffic Act, Article 44(1) of the Road Traffic Act, and Article 148-2(1) of the Road Traffic Act, and each choice of imprisonment (the fact that the driver of an automobile in operation has assaulted the driver of the vehicle in operation, the fact that the driver again commits the crime of drinking alcohol even though he has been punished on two occasions, and the fact that the blood alcohol concentration is high).