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(영문) 인천지방법원 부천지원 2014.02.14 2013고단3402
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 16, 2013, the Defendant: (a) driven a CM7 vehicle while under the influence of alcohol content of about 0.091% in a section of about 300 meters of alcohol from the front department store at the 11140-dong, Seocheon-si, Seocheon-gu, Seocheon-gu, Seoul, to the underground parking lot at approximately 10:30 meters in the same day from the front department store at the same 10:30-day.

2. On November 16, 2013, the Defendant violated the Punishment of Violence, etc. Act (collective assaulting with a deadly weapon, etc.) was assaulted by the said SM7 car, which is an object dangerous to the left knee, knee, kne, kne, kne, of the said SM7 car, while making a dispute with the victim E (30 years of age) and the 514-on-way D apartment on the road in order to move ahead of the said SM7 car.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the interrogation of each police suspect regarding E;

1. Stacks and video-recording images to cut screen pictures;

1. Notification of the control results of drinking driving and application of Acts and subordinate statutes of a report on the circumstances of drinking drivers;

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 assault to carry dangerous things), Article 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. All circumstances such as the confession of the instant crime and the violation of Article 53 and Article 55(1)3 of the Criminal Act (i.e., the degree of damage suffered by the victim, the degree of the damage caused by the victim is relatively minor and not the punishment of the Defendant, and the fact that there is no record of punishment exceeding the fine)

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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