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(영문) 서울서부지방법원 2020.11.19 2019고단2736 (1)
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by imprisonment for a term of 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

"2019 Highest 2736" Defendant was under the suspension of the driving license for 100 days from May 29, 2019 to September 5, 2019. However, around 08:38 on June 13, 2019, the Defendant driven CK5 car under the influence of alcohol level of about 0.186% from the red public parking lot located in Mapo-gu Seoul Metropolitan Government Seo-gu to the front roads of the same Gu.

The defendant and the victim D(n, 21 years old) of 2019No4327 are the relationship between the defendant and the victim.

On March 8, 2019, at around 07:00, the Defendant opened a cell phone of the Defendant in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, to read the contents of the Defendant’s mobile phone with another woman and Kakakaox, read them, taken by the Defendant’s cell phone with another woman and Kakaox, and resisting the Defendant’s cell phone by tamping the victim’s breath by turbing the victim’s turst with the left hand listed on the victim’s hand, and threatened the victim’s body with the victim’s hand, and then cut off from the body of the victim’s cell phone with G located at the same time, the Defendant took part in the lower part of the victim’s hand in order to force the victim’s hand to cut off the cell phone located on the hand of the next victim, thereby breaking the victim’s hand, which requires approximately six weeks medical treatment for approximately six weeks.

Summary of Evidence

"2019 Highest 2736"

1. Statement of the accused in the first protocol of trial;

1. "Investigative reports on the results of the control of drinking driving, investigative reports on the circumstantial statements of drinking drivers (with respect to the period during which driver's license is suspended)";

1. The defendant's written diagnosis of the witness G's written statement at the court statement at the defendant's partial statement G, and the investigation report (the text message submitted by the complainant) (the defendant and the defense counsel can not be known as to the crime of assault and bodily harm inflicted on the victim in the process of finding the cell phone of the defendant in relation to the crime of assault and bodily harm in the judgment. However, it is difficult to find that the victim was injured by the victim.

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