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(영문) 수원지방법원 평택지원 2016.08.25 2016고단1436
폭행등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution on September 24, 2015 by the Suwon District Court on the grounds of a violation of road traffic laws (unlicensed driving), etc. at the Suwon District Court on the grounds of a violation of road traffic laws, and on October 2, 2015, the said judgment became final and conclusive and is currently under suspended execution.

[Criminal facts]

1. On June 30, 2016, the Defendant assaulted the victim E, who was on the front side of the “D” restaurant located in Ansan-si C, with a view to “n’t any reason,” and used the victim E, who was on the front side of the restaurant, with a view to “n’t the opening,” and used the victim’s left hand.

2. The Defendant driven FITY100 Orala owned by the Defendant under the influence of alcohol concentration of 0.207% without obtaining a motor device bicycle license in front of a “D” restaurant located in Ansan City at the time of the day specified in paragraph (1) of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Report on detection of drivers and the ledger of driver's licenses of motor vehicles;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment attached thereto);

1. Article 260 (1) of the Criminal Act (a point of assault) of the relevant Act on the facts constituting an offense, Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (a point of drinking), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (a point of driving a bicycle without obtaining a license for bicycle riding) concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) the Defendant was revoked a bicycle driver’s license due to driving of drinking in 2000; (b) without obtaining a license again; and (c) refusing to measure drinking by driving without a license in the state of drinking over four occasions.

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