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(영문) 서울동부지방법원 2013.10.30 2013고단2414
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 01:54 on September 1, 2013, the Defendant was under the influence of alcohol with a blood alcohol content of 0.150% on the road in front of Gangdong-gu Seoul 342-1, Gangdong-gu, Gangdong-gu, Seoul, driving a Cwning and Ⅲ-1 ton cargo vehicle at a section of about 200 meters up to the front road of Gangdong-gu, Seoul.

2. At the time and time set forth in paragraph 1, the Defendant was at sight as a matter of the victim E (the age of 32) and F, who was on board the automobile D i30 car in front of Gangdong-gu Seoul Metropolitan Government (the age of 32) with his head, and the Defendant abused the victim’s left arms by using the victim’s body to take one time to drive the said cargo again.

3. Violation of the Punishment of Violence, etc. Act (collectively weapon, etc.) was committed by the Defendant’s head for the foregoing reason at the time and place specified in paragraph (2) and at the same time and place, and thereby, the Defendant’s head was 32 years of age), and the Defendant’s body was pushed down with the Defendant’s hand and pushed down the F’s body with the Defendant’s hand.

After that, the victims reported the cargo vehicle to the police, the defendant tried to leave the scene by driving the cargo vehicle, but the victim abusedd the victim of the cargo vehicle, who is a dangerous object by driving the vehicle in front of the cargo vehicle, driving the vehicle in front of the cargo vehicle, driving the vehicle in front of the cargo vehicle, driving the vehicle in front of the cargo and driving

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes on police statements made to F and E;

1. Article 3 (1), Article 2 (1) 1, and Article 260 (1) of the Punishment of Violences, etc. Act concerning the crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. Selection of imprisonment with prison labor for a crime of elective assault and violation of the Road Traffic Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Crimes of the same kind of defendant under Article 62 (1) of the Criminal Act suspended execution;

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