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(영문) 의정부지방법원 고양지원 2019.03.28 2018고단3196
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

To the extent that there is no substantial disadvantage in exercising the defendant's right of defense, part of the facts charged was revised.

[Criminal Power] On November 24, 2015, the Defendant was sentenced to a suspended sentence of two years on December 7, 2015 by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (Intimidation by collective weapons, etc.) in the Goyang Branch of the Jung-gu District Court on December 30, 2014, and the said judgment became final and conclusive on January 7, 2015.

However, on May 28, 2015, the Defendant was indicted for an injury, etc., and on August 7, 2015, the Defendant was sentenced to imprisonment for eight months in the first instance trial (with respect to the crime of injury to security and damage to property before January 7, 2015, which is the date the judgment in the preceding case became final and conclusive), and eight months in imprisonment (with respect to the crime of injury to security and violation of the Punishment of Violence, etc. Act (collective weapons, etc.) since January 7, 2015, which is the date the above judgment becomes final and conclusive).

The Defendant appealed against the judgment of the court of first instance. The appellate court stated that the Defendant’s amendment of the indictment against the violation of the Punishment of Violences, etc. Act was made in its appellate trial, and that the amendment of the indictment was made in its appellate trial, and on November 24, 2015, the appellate court reversed the part of the amendment of the indictment, but found the Defendant guilty of special intimidation, and sentenced the Defendant to eight months of imprisonment with prison labor, and sentenced the Defendant’s dismissal of the Defendant’s appeal as to the crime of injury and the crime of damage to property (the crime committed before January 7, 2015, which is the date the above judgment became final and conclusive) sentenced to eight months of imprisonment with prison labor. On December 2, 2015, the appellate court

On September 19, 2016, the above sentence was completely executed.

【Criminal Facts】

1. Around 18:58 on October 28, 2018, the Defendant: (a) driven a Dpoter II cargo vehicle from the vicinity of the reputation terminal located in the Ilyang-gu, Ilyang-si to the front of the Dongdong-dong B building in the same city while under the influence of alcohol by 0.122%; (b) around 18:58, the Defendant driven a Dpoter II cargo vehicle from around 1.1km to the front of the Dong-dong B building in the same city.

2. The Defendant of the assault.

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