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(영문) 수원지방법원 2015.09.03 2015고단2648
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around 21:00 on March 20, 2015, the Defendant driving a Bppice car at the section of about 10km from the 10km to the front road in front of the 306-83 Green Cross-dong 306-dong 306-83 at the time of the correction of the address population in the state of alcohol of 0.121% of the blood alcohol content.

2. On March 20, 2015, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) stopped a vehicle in front of the Green Cross located in the 306-83 Dong-dong 306-gu, Young-gu, Young-gu, Young-gu, 301. On March 20, 2015, the Defendant spits the victim’s face, spits it into the victim’s face, and spits it into the victim’s face, and the victim driven a frias car, which is a dangerous object, at around 20 meters of the frias car as it is, the victim spited.

Accordingly, the defendant used a car, which is a dangerous object, to assault the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on detection of a host driver;

1. Application of the Acts and subordinate statutes on investigation reports (boombox images and CD attachment);

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime (the occupation of drinking and the selection of imprisonment);

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. To deal with multiple crimes that violate the Punishment of Violence, etc. Act (referring to the scope of recommendations) (referring to the crimes of violence against groups, deadly weapons, etc.) according to the sentencing guidelines / [referring to the crimes of violence committed in violation of the Punishment of Violences, etc. Act (referring to the crimes of repeated crimes, repeated crimes, special violence) and the basic area (referring to six months to one year) of the crimes: The crimes of violation of the Punishment of Violence, etc. Act (referring to the crimes of violence committed by groups,

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