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(영문) 수원지방법원 평택지원 2018.05.31 2017고정773
특수폭행등
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

1. Special assault Defendant: (a) on the ground that: (b) on September 27, 2017, the injured party was changed to the Defendant’s seat number on the road near Pyeongtaek-si 5-30, Pyeongtaek-si 5-20 on September 27, 2017; (c) on the ground that: (a) on the ground that the injured party driven the E rocketing car and was aboard the driver’s seat, and (d) on the ground that the injured party was changed to the Defendant’s seat number.

F) A portion was adjacent to the left-hand side of the FHD car.

Accordingly, the defendant carried a dangerous object with a rocketing car, and assaulted the victim.

2. Violation of the Road Traffic Act (Refusal of measurement of drinking), Defendant 1 driven a vehicle while driving the vehicle while drinking at the time and place specified in the above paragraph 1. On the same day, Defendant 2 driven the vehicle under the influence of alcohol, such as reducing drinking reaction from H by the chief of the police box of the Pyeongtaek-gu Police Station G police station, while driving the vehicle under the influence of alcohol;

A person who is requested to respond to the measurement of drinking by inserting the breath of alcohol in a breathm for a significant reason that there is a significant reason to determine a person, and who is demanded to comply with the measurement of drinking, did not comply with a police officer's request for the measurement of drinking without justifiable grounds

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Statement made by the police against D;

1. A copy of a vehicle damage photograph, 112 report of the case, each investigation report, notification of the results of the control of drinking driving, and a copy of the business pocket book [the defendant and his defense counsel alleged to the purport that there was no police officer's legitimate request for the breath test. However, according to the above evidence, it can be acknowledged that the defendant refused to measure drinking and escaped despite the police officer's lawful demand for the measurement of drinking by a drinking gauge, since the police officer belonging to the Pyeongtaek-gu Police Station G police station's lawful demand

Application of Statutes

1. Article 261 of the Criminal Act applicable to the crime, Articles 260(1) of the Criminal Act, Articles 148-2(1)2 and 44 of the Road Traffic Act, which provide for the choice of punishment for the crime (excluding punishment).

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