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(영문) 전주지방법원 군산지원 2017.11.01 2017고단901
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 24, 2010, the Defendant issued a summary order of KRW 3 million for a violation of road traffic law (drinking) at the Gwangju District Court on October 24, 2010. On August 27, 2012, the Defendant issued a summary order of KRW 5 million for a fine of KRW 1 million for the same crime, etc. in the military support of the Jeonju District Court on August 27, 2012.

On July 15, 2017, the Defendant driven B K7 car under the influence of alcohol content of approximately 0.184% in a section of about 50 meters from the front day of the drinking house in which it is impossible to find out the trade name located in the area of the Sinsan-si, Sinsan-si, Sinsan-si, Sinsan-si.

『2017 고단 931』 피고인은 2017. 7. 15. 19:15 경 군산시 미룡동에 있는 미니 스톱 편의점 앞 도로에서 B K7 승용차를 운전하던 중 마침 그 곳을 지나가던 피해자 C(27 세) 가 자신을 쳐다보았다는 이유로 갑자기 피해자에게 “ 야 새끼야, 뭘 쳐다봐 ”라고 욕설을 하고 차에서 내려 손으로 피해자의 양쪽 뺨을 약 3회 때려 피해자에게 약 2 주간의 치료를 요하는 양측 턱 타박상 등의 상해를 가하였다.

Summary of Evidence

1. The defendant's oral statement "2017 Highest 901";

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (Attachment to a summary order), and 2017 Highest 931;

1. Each police statement made with respect to C and D;

1. Data on photographs of damaged parts and CCTV screen pictures;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning criminal facts, Article 257 (1) of the Criminal Act (the point of inflicting bodily injury) and the choice of imprisonment with prison labor for each 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. The criminal defendant, who has been punished several times due to the driving of drinking for the reason of sentencing under Article 62(1) of the Criminal Code of the suspended sentence, is under the influence of drinking, and the nature of the crime is not weak, and in particular, the driving of drinking has a significant fall in the ability of due care and physical exercise.

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