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(영문) 대전지방법원 천안지원 2015.10.02 2015고단1338
폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속폭행)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On June 27, 2015, around 01:25, the Defendant: (a) at the Seojin apartment 108-dong parking lot located in Seocho-gu, west-ro, 973, west-gu, west-gu, ASEAN-si; (b) at the 108-dong parking lot, the Defendant was able to have a dispute with her mother-child while drinking together with her her mother-child B (n, 42 years old); (c) the Defendant was able to stop the her vehicle and move out of the apartment; and (d) the police called out after receiving 112 reports, the Defendant was able to stop the her vehicle, which is a dangerous object, and was sucked by the victim’s buckbuck in the front part; and (d) the front entrance and the rear door of the Dodon-do patrol, which is a public object operated in the Busan Police Station.

Accordingly, the defendant assaulted the victim who is in existence by carrying dangerous things, and damaged the car of 582,426 won which is a public object.

2. Around 02:20 on June 27, 2015, the Defendant: (a) driven a radar car with approximately 10 meters alcohol concentration of 0.104% while under the influence of alcohol without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement prepared by B;

1. Entry of the results of the crackdown on drinking driving, the results thereof, and the report on the state of drinking drivers;

1. A statement in a written estimate;

1. Images of on-site photographs;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Relevant Articles 261 and 260 (2) of the Criminal Act for the crime concerned, Article 141 (1) of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, and Articles 43 of the Road Traffic Act for the crime;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act, and the crimes of violation of the Road Traffic Act with heavier punishment (the crimes of running under the influence of alcohol) shall be imposed;

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