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(영문) 서울중앙지방법원 2014.05.09 2014고단661
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

The Defendant is a person who is engaged in driving a motor vehicle of D New Fresh.

1. Around 07:40 on September 27, 2013, the Defendant driven the said vehicle while under the influence of alcohol by 0.188% in a section of about 5km from the 5km-dong, Jung-gu, Seoul to the front day of the new bank located in Jung-gu, Seoul to the southwest-ro 15.

2. The Defendant violated the Punishment of Violence, etc. Act (a collective injury with a deadly weapon, etc.) was under the influence of alcohol as above at the same time, while driving along the three-lane road in front of the new bank located in South-gu Seoul, Southern-ro 15 along one-lane from the northwest-dong to South-west, the Defendant was under the influence of alcohol in the latter part of the victim E (the age of 64) driver’s left side side of the taxi in the course of changing the two-lane.

The defendant continued to proceed in front of his car even after being requested to get off from the victim who had been living in front of his car, and even though the victim was laid down on the passenger car blick in order to prevent the defendant's escape, the victim continued to go about about 400 meters per hour at a speed of about 40 km from the speed of 40 km as it is in front, and caused the victim to fall on the road.

As a result, the Defendant carried a dangerous object with a car, thereby causing injury to the victim, such as cutting the frame of a copy of a vehicle outside the country, which requires treatment for about five weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of each police statement concerning E and G;

1. A report on detection of each host driver;

1. Each photograph;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 3(1) and Article 2(1)3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2(1) and 2(1)3 of the Criminal Act, Article 257(1) (a) of the Criminal Act, Article 148-2(2)2 and Article 44 of the Road Traffic Act;

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