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(영문) 광주지방법원 순천지원 2020.06.26 2019고단2759

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for two years.

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 25, 2013, the Defendant issued a summary order of KRW 4 million as a crime of violation of the Road Traffic Act in the Gwangju District Court's net support on March 25, 2013.

On November 11, 2019, at around 20:30, the Defendant driven a f-wing truck under the influence of alcohol leveling 0.081% of alcohol level from the 30km section to the e-road located in the same Doeung-gun, Goung-gun.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

The defendant of 2020 Man-Ma418 is between the victims' G (Nam, 60 years of age) and the Dong-dong residents.

At around 07:30 on November 12, 2019, the Defendant: (a) expressed the victim’s desire to misunderstanding that the victim reported the Defendant as a drunk driving to the Defendant; (b) expressed the victim’s desire to “be subject to fright, gyming, gyming, gyming, and gyming” to the victim in the said I; and (c) expressed the victim’s head, gyming, and gyming, which is a dangerous object, at the victim’s face.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

"2019 Highest 2759"

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (verification of the same record as a suspect), and summary orders "20 Highest 418";

1. Defendant's legal statement;

1. The police statement concerning G;

1. Damage photographs;

1. Application of photographic Acts and subordinate statutes after closure;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, the choice of punishment, and Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of special injury);

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

1. The Criminal Act, the suspension of execution;