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(영문) 수원지방법원 2014.06.26 2013고단1461

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2013 Highest 1461] The Defendant was issued a summary order of KRW 2 million at the Suwon District Court on June 25, 2010 with the records of being sentenced to a fine of KRW 2 million as a crime of violation of the Road Traffic Act, and a fine of KRW 4 million at the same court on April 13, 2011 with the same crime.

On March 18, 2013, at around 12:20, the Defendant driven a B car under the influence of alcohol content of 0.21% without obtaining a driver’s license in approximately 2 km section from before the mutual influence house located in the Osan-si, Osan-si to the front day of the gold glusium 66-3, Masan-dong.

[2013 Highest 4682]

1. On March 19, 2013, from around 23:09 to 23:28 of the same day, the Defendant interfered with the business of the victim’s restaurant, “F” operated by the victim E (the age of 62) 15 of the D market 1st floor in Suwon-si, Suwon-si, on the ground that he did not receive money from the victim’s wife G, who was in a previous internal-related relationship, and obstructed the victim’s restaurant business by force by preventing customers from entering the above restaurant by avoiding disturbance, such as the height, from entering the restaurant.

2. Around 00:00 on March 20, 2013, the Defendant: (a) told the victim E at the front of the bus stop in Suwon-si, Suwon 1, Masan-ro, 18, that “I will not call the said victim E, without returning money and clothes; (b) carried the victim’s breath in hand, flading the 5 to six strings; and (c) carried the victim’s face over 3-4 times by drinking, the Defendant laid down the victim’s flaps, which requires approximately four weeks of medical treatment.

Summary of Evidence

[2013 Highest 1461]

1. Police suspect interrogation protocol of the accused;

1. A report on the state of the operation of a motor vehicle;

1. Registers of driver's licenses and resident inquiries;

1. Previous records of judgment: A inquiry report on criminal records, etc. and an investigation report (former records and attachment of judgment);

1. Each police statement of E and G;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant provisions concerning facts constituting an offense;

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