2016 Highest 385 Injury, Violation of the Road Traffic Act (Refusal of measurement by drinking), and illegality of cars

Use, Violence, Violation of the Road Traffic Act

LA (83 years, South 83)

Residence

Reference domicile

Yellowcheon (Lawsuits) and Kim Jong-sik (Trial)

May 19, 2016

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

Criminal facts

1. Violence;

피고인은 2016 . 1 . 18 . 23 : 33경 울산 동구 000 소재 CU 편의점 앞길에서 , 술에 만취 하여 아무런 이유 없이 위 편의점에서 담배를 사고 나와 * * 서 * * * * 호 그랜저 승용차에 올라타 문을 닫으려는 피해자 강B ( 53세 ) 에게 욕설을 하면서 양손으로 피해자의 멱살을 잡아 피해자의 목을 조르고 , 양 주먹과 발로 피해자의 온몸을 때리고 걷어찼다 .

Accordingly, the defendant assaulted the victim.

2. Illegal use of automobiles;

On January 18, 2016: (a) around 35:35, the Defendant used the victim’s 100m volume from the front side to the front side of Ulsan-dong-gu 000 kindergarten for the convenience of 100 mix from the front side without the victim’s consent, after booming the victim’s Gangwon-gu 1.35 to the front side of the convenience store. (b) On the front side of the above convenience store, the Defendant used the victim’s 10m volume as the victim’s ownership *** * * that free car.

Accordingly, the defendant used another person's automobile temporarily without the consent of the right holder.

3. Violation of the Road Traffic Act;

The defendant is entitled to use the strong-owned * in * in * in * in * in franchising * in operation of the passenger car.

On January 18, 2016, at around 23:36, the Defendant, “A 000 kindergarten” as stated in the above 2. paragraph (2) of the same Article, had the front side of “A 000 kindergarten proceed from the 00-day gas station to the Dong-gu Office about 10 km from the 00-day gas station.

At the same time, there were many vehicles parked on the left and right of the vehicle, so a person engaged in driving of the vehicle has a duty of care to prevent accidents by accurately manipulating the steering system, steering system, brakes, etc.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving, and was negligent in driving, and the part of the front part of the Defendant’s driving vehicle was led to the front part of the Defendant’s driving vehicle. The front part of the front part of the Defendant’s driving vehicle was driven by the victim 00 (the 58-year-old driver) driving under the opposite part of the driving direction of the Defendant’s driving vehicle **** the front part of the front part of the Defendant’s driving vehicle.

Ultimately, the Defendant damaged the victim’s private taxi driver, etc. with a view to the amounting to KRW 783,396 by occupational negligence as above.

4. Injury;

On January 18, 2016: 23:38 at the same location as the above 3.3. paragraph, the Defendant divided the victim's 00 (58 years old) drive * * * ***** * * the private taxi by going to the private taxi, going to the private taxi and going to the private taxi, going to the private taxi by going to the driver's seat and body of the victim who was seated in the driver's seat on the drinking, and put the victim's body to walk about 22 days for medical treatment.

Accordingly, the defendant injured the victim.

5. Violation of the Road Traffic Act (Refusal of measurement of drinking);

The Defendant, like the above 1.3. paragraph 1. and 3. above, under the influence of drinking about about 100 meters from the above convenience store to the front day of the above "00 Kindergarten," the above ** * ****** * * upon suspicion of traffic accident as stated in the above 3. paragraph, he was arrested pursuant to a slope of the police officer belonging to the Ulsan-dong Police Station of the Ulsan-dong Police Station, who was dispatched to the site after receiving 112 report on the charge of causing traffic accident as stated in the above 3. paragraph, and during the investigation, he was arrested pursuant to a slope of the police officer belonging to the Ulsan-dong Police Station of the Ulsan-dong Police Station, which was dispatched to the site, and received a demand from the Defendant for drinking, such as smelling, walking, and ice, and ice, 30 minutes more than 4 minutes more than time.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 측정을 회 피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다 .

Summary of Evidence

(Omission)

Application of Statutes

1. Relevant Articles of criminal facts;

Article 27(1) of the Criminal Act (Inflicting of Injury) Article 27(1) of the Criminal Act, Article 331-2 (Involving Illegal Use of Motor Vehicles) of the Criminal Act, Article 260

section 1(1) of the Road Traffic Act, Article 148-2(1)2 of the Road Traffic Act, and Article 44(2) of the Road Traffic Act.

Article 151 of the Road Traffic Act (Involving Property Damage and Damage by Negligence)

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2 and (2), and Article 50 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (General Consideration as follows):

[Inasmuch as the Defendant was under the influence of alcohol and had no or weak ability to discern things at the time of committing the instant crime, the Defendant brought about such state of drinking with a person under a criminal record, such as damage to official duty performance caused by drinking, etc., and thus, the punishment shall not be reduced or exempted pursuant to Article 10(3) of the Criminal Act.

Reasons for sentencing

In light of the following: (a) the Defendant was under the influence of alcohol and forced another person to drive a motor vehicle while drinking, and the Defendant committed assault against the victimized driver, and refused the police officer’s request for the measurement of drinking according to the above accident; (b) the content of the crime is plebling and the risk thereof is very high; (c) the Defendant immediately repeated the same criminal power after the suspension of execution period as the same criminal power; and (d) the degree of damage is not somewhat weak; and (c) the sentence is inevitable.

However, the punishment shall be determined as ordered in consideration of the fact that the defendant reflects the crime, the fact that the defendant commits a contingent crime by drinking, and the favorable circumstances.

Judges Lee Jong-sung