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(영문) 광주지방법원 순천지원 2015.11.18 2015고단1514
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)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. On July 11, 2015, the Defendant: (a) operated a two-lane road (Nebdo 27 lanes) near Cwalk station located in Goung-gun B on the one-lane road (Nedo 27 lanes); (b) the victim E (e.g., 54 years old) who is de facto in a de facto marital relationship by driving a Dbala three-lane motor vehicle; (c) the victim was driven by drinking and driving the motor vehicle; and (d) the victim was forced to drive the motor vehicle while driving the motor vehicle; (e.g., the victim was able to drive the motor vehicle; (e., the victim was able to drive the motor vehicle; (e., the victim was 54 years old); and (e) the victim was forced to drive the motor vehicle on the right side by breaking or breaking the motor vehicle on the other side of the victim, which is an object dangerous to prevent the victim from driving the motor vehicle.

Accordingly, the defendant assaulted the victim with a car, which is a dangerous object.

2. Around July 23:25, 2015, the Defendant driven a Dana-III car with a blood alcohol content of about 0.202% from the section of about 5 km from the parking lot of the green market located in the Doyang-gun, Chungcheongnam-gun to the route of the same military morality.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Report on detection of a suspected victim of violation of the Road Traffic Act, report on the circumstances of driving under the influence of alcohol, copy of notification of the results of the crackdown on driving under the influence of alcohol, copy of the usage register of a drinking measuring instrument, report on the circumstances of a drinking driver, meeting report on the appraisal request, statement on blood alcohol appraisal, and report on detection of a drinking driver;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act and Articles 261, 260 (1) of the Criminal Act that apply to criminal facts, the choice of punishment (the occupation of special assault and the choice of imprisonment), and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the occupation of running sound and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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