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(영문) 수원지방법원 안양지원 2015.10.30 2015고단905
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around 00:10 on February 7, 2015, the Defendant: (a) driven a Cgner vehicle under the influence of alcohol with a blood alcohol concentration of about 0.093% from a section of about 1km from the inside of the Mayang-si, Anyang-si to the same inside-ro to the 282 Seoyang-gu, Seoyang-gu, Seoyang-gu.

2. On February 7, 2015, at around 00:12, the Defendant: (a) driven by a motor vehicle with a sponner and was in a traffic signal at the Seoyang post in Seocho-gu, Seoyang-gu; (b) the victim D (Nam, 46 years of age) was her seated; (c) the victim was in a dispute with the victim, while getting off from his own vehicle, was aware of the fact of drunk driving by leaving the victim, and reported it to the police without blocking the Defendant from escaping; (d) the Defendant was a dangerous object after driving his/her motor vehicle; and (e) the Defendant was able to spon the back of the victim, who was in front of his/her vehicle, was sponed one time, followed by a motor vehicle.

Dudly repeatedly, the victims who have been sicked were shocked three times.

Accordingly, the defendant, carrying a dangerous object, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Notification of the control of drinking driving;

1. Application of the instant black boxes and video CD-related Acts and subordinate statutes

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act that choose the punishment, Articles 261 and 260 (1) of the Criminal Act and the choice of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) of the provisional payment order has become effective and is against the confession of the crime, and the victim wants to take advantage of the victim, which is sentenced to a fine. However, the victim of the motor vehicle has shocked several times.

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