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(영문) 수원지방법원 2015.09.17 2015고단2618
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On May 23, 2015, the Defendant driven E-Ad-car at a 3km section from the Do in the front of the Young-gu Office in the Young-gu Office in the Young-gu Office in the Young-gu Office of Suwon-si to the front road of D, while under the influence of alcohol at a 0.063% of the blood alcohol content around 02:20%.

2. At around 02:20 on May 23, 2015, the Defendant: (a) committed an indecent act by compulsion with the victim F (n, 23 years of age) that came to know before coming to the car set forth in paragraph (1) on the street in the Young-gu D, Young-gu, Suwon-si; (b) committed a dispute with the victim’s vehicle; (c) prevented the victim from getting off the vehicle; (d) prevented the victim from getting off the vehicle; and (e) forced the victim from leaving the vehicle, by putting down his/her two shoulders into the victim’s left side; and (e) forced the victim to

Summary of Evidence

1. Partial statement of the defendant;

1. The rejection of a witness F’s legal statement [the rejection by causing a suspicion of having no reasonable ground to believe that the evidence exists cannot be permitted to deviate from the bounds of the principle of free evaluation of evidence (see Supreme Court Decision 2013Do14656, May 16, 2014). In a case where the statement of a witness, such as the victim, etc., is replaced by another witness, and conforms to the facts charged, it shall not be rejected without permission, unless there is any separate evidence to deem that the credibility is significantly reliable from an objective perspective (see Supreme Court Decision 2012Do2631, Jun. 28, 2012). In this case, the victim F’s statement that corresponds to the facts charged of indecent act by compulsion is consistent from the investigation to this court, and is consistent with this court’s attitude or content, in light of the place and circumstances at which the physical contact of the instant case was made, and it supports the credibility of the CCTV’s statement made at the time of this case.]

1. Partial statements of each police interrogation protocol against the accused;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Photographs of the victim;

1. A written diagnosis of injury;

1. Application of CCTV image CD-related Acts and subordinate statutes;

1. Criminal facts;

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