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(영문) 서울서부지방법원 2016.05.31 2016고단266

폭행등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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. The defendant is a person who is engaged in driving a bicycle riding machine in violation of the Road Traffic Act;

On January 14, 2016, the Defendant driven the motor device bicycle under the influence of alcohol level of 0.208% in the blood alcohol level of about 157 meters from the frontway of Eunpyeong-gu Seoul, a residential area of around 14:55 to the frontway of the same Gu.

2. On January 14, 2016, around 14:57, the Defendant assaulted the victim’s face one time with a hand who gets flick and flicked in the victim E (23 cm) who driven a motor vehicle and stopped at the front of Eunpyeong-gu Seoul Metropolitan Government (hereinafter referred to as the “victim E”) by the motor device bicycle as set forth in paragraph 1 that the victim stopped at the front. The Defendant flicked the victim’s face one time with a hand, flick, flick and flicked the victim’s flick.

Summary of Evidence

1. Part of the defendant's legal statement (the influence of drinking and breath of a victim's breath);

1. Statement made by the police for E;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of CCTV image CD-related Acts and subordinate statutes;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 148-2(2)1 and 44(1) (the point of drinking) of the Road Traffic Act, Article 260(1) of the Criminal Act, and the choice of imprisonment for a crime;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. In light of the fact that the reason for sentencing of Article 62-2 of the Criminal Act on the observation of protection and the order to attend lectures has the history of being punished once by drinking driving, and that there are very many kinds of records of having been punished for violent crimes, and that the alcohol concentration among the blood transfusion of this case is very high, it is necessary to strictly punish the defendant.

However, it is due to the fact that the defendant's drinking power has passed since the date of time, the distance of driving is not clear, and violence.