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(영문) 수원지방법원 안산지원 2013.10.15 2013고단1940
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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. Around 23:50 on June 15, 2013, the Defendant driven a G rocketing car at the 3km section from the vicinity of the Hansan-dong located in the Hansan-si to the 1st century in the same location while under the influence of alcohol by 0.118% of the blood alcohol concentration.

2. The Defendant violated the Punishment of Violence, etc. Act (collective assaulting with a deadly weapon, etc.) as stated in paragraph (1) at the time and place specified in paragraph (1), when driving the said vehicle in a drinking condition as stated in paragraph (1) and sounding the signal at the 1st century located in the front-dong of the members in Ansan-gu, the Defendant deemed that the Defendant H (53 years of age, South Korea) was driving the vehicle in a dangerous manner, such as getting out of the vehicle, and the victim H (53 years of age, South Korea) talked with the Defendant on the said rocketing or other car, and was in a smelling manner with the Defendant, and the Defendant was aware of the fact of drinking a defective driving. In addition, the Defendant assaulted the victim by driving the vehicle from the 1st century to the front side of the vehicle in which the victim was opened, leading about about about 100 meters from the above 1st century to the right-on side

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each statement of H;

1. A survey report on actual condition, a traffic accident occurrence report, a record book for drinking and a circumstantial report on drinking drivers;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of running sound and the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of assaulting carrying dangerous articles);

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

1. Article 62 (1) of the Criminal Act;

1. The numerical value of the defendant's blood gravity concentration for sentencing under Article 62-2 of the Social Service Order Criminal Act, the fact that the defendant's cryp concentration is not less than that of the crime by hanging and driving the victim on the vehicle, and the victim.

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