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(영문) 창원지방법원 마산지원 2012.11.07 2011고단136 (1)
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2011 Highest 136]

1. The Defendant is a person who drives a cab for business purpose C.

However, at around 15:50 on February 28, 201, the Defendant driven a approximately one kilometer distance from the front of the tin ginseng-distance in the Changwon-si, Changwon-si, Changwon-si, to the front road of the same Western oil station, while under the influence of alcohol by 0.385% of alcohol concentration.

[2011 Highest 437]

2. At around 20:15 on June 10, 2010, the Defendant and D use a toilet located in the same building as the above frequency, and the Defendant and D use a knife (16cm in total length) which is a dangerous object in the above frequency, on the ground that the victim F (57 years of age) was not able to use a toilet, respectively, and D assaults used a knife (16cm in total length) which is a dangerous object in the above frequency, on the ground that the victim F (57 years of age) was not able to use a toilet, and D used a knife at the right right side of the victim, and the Defendant used the knife at the right side of the victim, and the knife off the victim’s knife.

Accordingly, the defendant and D used a dangerous article to commit violence against the victim.

Summary of Evidence

[2011 Highest 136]

1. Defendant's legal statement;

1. Reports on the occurrence of traffic accidents and photographs related to traffic accidents;

1. Each employer-employed driver's report, reports on the state of his/her oral statement, and the table of requests for appraisal (201st order 437);

1. The defendant and G's partial legal statement

1. Legal statement of witness H and F;

1. Partial statement of witness D;

1. Protocol concerning the examination of suspects by the prosecution against D or F (including the cross-examination);

1. The prosecutor's statement concerning H;

1. Application of Acts and subordinate statutes on police statements made to F and H;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 260 (1) of the Criminal Act; Articles 2 (2) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 2 (1) of the Criminal Act; Article 260 (1) of the Criminal Act; Articles 148-2 subparagraph 1 and 44 (1) of the former Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

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