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(영문) 인천지방법원 2013.04.24 2013고단751
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a CM5 vehicle;

On November 29, 2012, the Defendant, at around 21:20, driven the said car on a speed of about 20 km from the west-gu, Daejeon Central Government of the Seoul Central Government of the Republic of Korea, toward the direction of the Jungnam-gu, Daejeon Central Government of the Central Government of the Republic of Korea to drive the said car at about 20 km in speed.

Since the width of the road is narrow at that time, the defendant engaged in driving service has the duty of care to see the front door and prevent the accident by accurately manipulating the steering system, brakes and other devices of the vehicle.

Nevertheless, the Defendant, while driving a vehicle under the influence of alcohol to the extent that it is difficult to drive it normally due to the influence of alcohol while under the influence of alcohol to the extent that it is difficult to know the blood alcohol concentration, was shocked by the left part of the E-observer car driven by the victim D with the left part of the said SM5 car.

The Defendant suffered from the injury to the above victim by negligence in the course of business, such as salt ties, tensions, etc., which require two weeks of treatment.

2. On November 29, 2012, the Defendant violated the Punishment of Violences, etc. Act (collective injury) and the Punishment of Violences, etc. Act (collective injury, deadly weapons, etc.) committed an injury to the victim for 21 days by taking part in the operation of the MF5 vehicle before the Agricultural Middle-gu Office in Daejeon, Daejeon, Seoul Central District Court. The Defendant caused a traffic accident leading the victim D (V, 46 years old) to shock the vehicle as described in paragraph 1, and caused a dispute with the victim. The F, who was on the top of the MF5 vehicle, was taking the victim’s bath while breaking the victim from the vehicle, was tightly harming the victim’s face, etc., and the Defendant took part in it, thereby causing an injury to the victim for 21 days by taking advantage of the victim’ face, etc.

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