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(영문) 서울동부지방법원 2013.10.24 2013고단1411
감금등
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. At around 20:00 on June 9, 2013, the Defendant: (a) driven DT100 Orala, the Defendant owned at the front of the Gangdong-gu Seoul Metropolitan Government CT10 Orala; and (b) served the victims on the victim E (the age of 11) and F (the age of 8) who was playing at the same time as the Defendant’s ownership; and (c) served the victims on the back of the cT10 Orala.

While the Defendant, while operating Ortoba, told the victim E that “I am kn't k't kn't kn't kn't kn't kn't kn't k't kn't kn't kn't kn't kn't kn't k't kn't kn't go from Gangdong-gu Seoul Metropolitan Government, so that

Accordingly, the defendant detained victims.

2. On June 9, 2013, the Defendant was under the influence of alcohol at 0.189% of blood alcohol concentration without a motorcycle driver’s license on June 20, 2013, the Defendant driven D CT100 cT10 cT10 cl2 in the five km section from the entrance of the Han River Park in Gangdong-gu Seoul, Gangdong-gu, Gangdong-gu, Seoul, at around 22:27 again, around the same day at around 5km from around 22:27, at the entrance of the Han River Park.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Each statement of E, F, H, and I;

1. Application of Acts and subordinate statutes to a report on circumstantial statements of a driver of a drinking alcohol driving, an inquiry of the results of crackdown on drinking driving, and an investigation report (no driver's license register of a suspect

1. Article applicable to criminal facts;

(a) The point of confinement: Article 276 (1) of the Criminal Act; and

(b) point of a drunk driving: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

(c) Unlicensed driving: Subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

1. The victims of Articles 40 and 50 of the Commercial Concurrent Crimes Act (mutual crimes of confinement on the market, and the violation of the Road Traffic Act (driving on the market), and the violation of the Road Traffic Act (mutual crimes and crimes between driving without a license) as stated in the holding.

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