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(영문) 대전지방법원 2017.09.21 2017고단1052

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 31, 2014, the Defendant issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million at the Daejeon District Court on March 31, 2016, to a person who was sentenced to a summary order of KRW 5 million due to a violation of road traffic law (driving), a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Daejeon District Court on March 3, 2016, a violation of road traffic law (driving), and a violation of road traffic law (driving) and violated the prohibition of drinking regulations at least twice.

[2] On March 6, 2017, around 00:50, the Defendant driven a gallony department store in Seo-gu Daejeon, Seo-gu, Daejeon, Daejeon, with no driver’s license from the front day of the outdoor parking lot in gallony department store to the underground parking lot in 3k-ro, 343,000,000, from the gallony department store in front of the outdoor parking lot in 211, while under the influence of alcohol with a 0.150% alcohol concentration during blood without obtaining a driver’s license.

『2017 고단 1199』 피고인은 2017. 1. 28. 01:00 경 대전 서구 D 건물 5 층에 있는 ‘E 클럽’ 내에서, 스테이지에서 춤을 추던 피해자 F( 여, 23세) 의 엉덩이를 손으로 잡아 주무르고, 피해자 G( 여, 23세) 의 음부를 손으로 움켜쥔 후 계속하여 엉덩이를 손바닥으로 훑고, 피해자 H( 여, 23세) 의 엉덩이를 손으로 잡아 주물렀다.

As such, the Defendant forced victims to commit indecent acts.

Summary of Evidence

[2017 Highest 1052]

1. Statement by the defendant in court;

1. Statement of control, report on the situation of driving at drinking, notification of the results of crackdown on driving at drinking, and the register of driver's licenses;

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history (2017 Highest 1199);

1. Each legal statement of witness G, H and I;

1. Protocols of examination of witnesses concerning the witnessF;

1. Investigation report (A, indecent act by force) (the defendant and his defense counsel asserted to the effect that, at the time of the crime of each indecent act by force of this case, it was inevitable for the defendant to have a physical contact with the victims due to the booming booming that many people in the E club were booming, and there was no intentional indecent act against the victims.

However, the statement of the victims about the indecent act by the defendant is made.