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(영문) 청주지방법원 2013.03.29 2012고합343
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date the judgment becomes final and conclusive.

Reasons

Criminal facts

On November 14, 2008, the Defendant was issued a summary order of 1.5 million won by a Cheongju District Court to a fine for a violation of the Road Traffic Act, and on June 15, 201, a summary order of 2 million won by a fine from the Daejeon District Court's Incheon District Court's Branch for the same crime, respectively.

1. Around 23:00 on September 30, 2012, the Defendant driven a motor vehicle between D while under the influence of alcohol content of about 0.130% from the 2km section from the 2km to the front of the C Hospital located in Heung-gu, Heungdong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do.

2. Around September 23, 2012, the Defendant violated the Punishment of Violence, etc. Act (collective intimidation) committed an act of intoxicated operation in front of the pertinent C hospital, such as Paragraph 1, and was punished by a trial cost as the victim E (the age of 25) and the horn, while driving the vehicle in front of the said C hospital, the Defendant taken off the top ( approximately 46cm in length, approximately 21cm in length on the knife on the knife) which is a dangerous object in the Defendant’s vehicle troke ( approximately 46cm in length, approximately 21cm in length on the knife on the knife) and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Report on detection of drivers, report on the circumstances of drivers, license register, and next inquiry;

1. There is a existing improvement (No. 1) confiscated;

1. Application of Acts and subordinate statutes to inquiries, such as criminal records, and investigation reports;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of running sound and the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act (the point of threatening to carry dangerous articles);

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment of concurrent crimes within the scope of adding up the long-term punishments of crimes in violation of the Punishment of Violences, etc. which are heavier than the punishment)

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are below.

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