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(영문) 대전지방법원 2013.11.29 2013고단1466
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for one year.

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

[2013 Highest 1466] The Defendant was on the front line of the agricultural town in the Songdong-dong of Daejeon Seodong-gu, Daejeon, and was on the front line of the victim D (the 66-year-old) to move the victim to a complex terminal located in the Dong-gu, Daejeon.

On March 2, 2013, the Defendant, while getting in the above taxi on March 17:35, 2013 and going to the Daejeon Daejeon District Station located in Daejeon Seodong, sought from the victim for the payment of the tolls on the expressway, and attempted to take the food knife (30 m in length) that is a dangerous object with the Defendant’s occupation spread, while taking the Defendant’s desire to “pack, sack, dead, and dead.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

[2013Kadan303] The Defendant is a driver of F Twit X-ray car.

On June 19, 2013, the Defendant, while under the influence of alcohol 0.21% of blood alcohol level around 08:10 on June 19, 2013, operated the said TNE-based car, and led the Defendant to drive the said TN-based car at a non-speed distance from the area of the Taepon distance to the direction of the error distance.

In such cases, a person engaged in driving service of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant neglected to drive under normal conditions due to influence of alcohol and neglected to do so, and neglected to proceed along the same lane, thereby resulting in the Defendant’s back-wing part of the Victim G(53 years old)’s Haysta cab in the same direction as that of the said TE EX car.

Therefore, the Defendant suffered injury, such as satisfinal finites, which requires approximately two weeks of medical treatment from the victim due to such occupational negligence.

Summary of Evidence

[2013 Highest 1466]

1. Legal statement of witness D;

1. Prosecutions against the Defendant.

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