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(영문) 대구지방법원 상주지원 2014.11.25 2014고단539

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

A defendant shall be punished by imprisonment for one year.

except that 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. On July 3, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) driving a E-Poter vehicle in D park located in C at the time of stay at around 23:20 on July 3, 2014, and entering the F event site in the said park, while the victim G (30 years of age) who is night security guards entered the said facility, even though he/she prevented the above cargo, he/she proceeded as it is, and got out of the victim’s right side of the said cargo vehicle

Accordingly, the defendant assaulted the victim with a car, which is a dangerous object.

2. On July 3, 2014, at around 23:10, the Defendant was demanded to comply with the drinking test by driving the fluorial vehicle under paragraph (1) while driving the fluorial vehicle under the influence of alcohol at the Korean-style public restaurant in front of the Korean-style public restaurant at the time of stay, and then driving the fluoral vehicle under the influence of alcohol, such as a fluorous distance, from the JJ to the police box of the resident police station I called out after receiving a report in relation to the case of paragraph (1) and driving the vehicle under the influence of alcohol, on July 4, 2014, on the ground that there is a considerable reason to recognize that the Defendant driven the vehicle under the influence of alcohol, such as a fluorous distance, from around 00:16 to 0:36.

Nevertheless, the defendant refused this and did not comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to the circumstantial report on a host driver;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act (the occupation of assaulting carrying dangerous objects), Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act (the occupation of refusing to measure noise and the choice of imprisonment);

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [the scope of recommending punishment] of the suspended sentence.