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(영문) 부산지방법원 2014.10.13 2014고단4756
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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. Around 03:00 on April 3, 2014, the Defendant driven C Poter truck with a blood alcohol content of about 0.216% at the section of approximately 3 km in front of the Cheongpo-dong located in Seopo-dong, Busan, Seopo-dong, even before the Cheongpo-dong located in the same Gupo-dong.

2. On April 3, 2014, the Defendant violated the Punishment of Violence, etc. Act (a collective injury by deadly weapons, etc.) driving the said vehicle in a unanimous state, such as Paragraph (1) around 03:00, and driving the said vehicle toward the Gupo-dong, Seocheon-dong, Seocheon-dong, Busan, the victim D (Nam, 51) who was driving in the same direction as that of the Defendant’s vehicle in front of the front part of the Defendant’s vehicle, while driving the two-lane in front of the Kupo-dong apartment located in the Seocheon-dong, Seocheon-dong, Busan. The said victim contacted the Defendant with the front part of the Defendant’s vehicle while driving in the direction of Mapo-dong. As such, the said victim got off the vehicle by following the vehicle from the Defendant to the long distance at the entrance of the Seocheon-dong, Seocheon-dong, Busan.

The Defendant, on the ground that the above victim prevents the front of his vehicle and prevents him from departing, operated the vehicle’s driver’s seat of the Defendant, followed X-ray to the front part of the vehicle and shocked the part of the victim’s front part of the vehicle by undergoing X-ray, and the victim re-entered the vehicle in the same way as the front part of the vehicle, thereby facing the victim’s side part of the front part of the vehicle.

As a result, the Defendant used the above cargo vehicle, which is a dangerous object, to put about two weeks of treatment to the victim, such as salt, tension, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Traffic accident report, accident-taking driver report, accident-taking driver report, report on the situation of the driver, and photograph of the accident vehicle;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 3(1) and 2(1) of the Punishment of Violences, etc. Act concerning a crime;

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