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(영문) 수원지방법원 평택지원 2019.10.25 2019고합121
감금치상등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

On December 16, 2011, the Defendant was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site, and was sentenced to a fine of KRW 4 million in the same court on August 2, 2013.

1. On June 14, 2019, at around 00:20, the Defendant: (a) stated to the effect that the Defendant’s vehicle stopped on the front of Pyeongtaek-si B would drink to the victim D (the victim 53 years of age) within the Crens car driven by the Defendant’s driver, but the victim forced the victim to refuse it and get out of the said vehicle, and forced the victim to stop the door of the said vehicle at a time, and even if the victim demanded it several times, the Defendant, disregarding the demand, made the victim unable to get out of the said vehicle by driving the said vehicle on the front of the “F Real Estate” located in Pyeongtaek-si E, and caused the victim to suffer injury, such as the victim’s wife, who is forced to open the vehicle for about three weeks.

2. Around 00:20 on June 14, 2019, the Defendant driven a Crens car with approximately 500 meters section from the front day of Pyeongtaek-si B to the front day of “F real estate” in Pyeongtaek-si E, while under the influence of alcohol content of about 0.087%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. G statements;

1. A survey report on the actual condition of a traffic accident, a report on the occurrence of a traffic accident, and an accident site photograph;

1. Egrehing a witness driver's boomor image images;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. A medical certificate;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (applicable law, confirmation of the same criminal records as the suspect), and the application of statutes;

1. Relevant Article 281(1) of the Criminal Act, the main sentence of Article 281(1), Article 276(1) of the former Criminal Act, and Article 276(1) of the former Road Traffic Act concerning criminal facts;

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