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(영문) 부산지방법원 동부지원 2015.06.18 2015고단584
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. The Defendant, who is engaged in driving of Cunstous passenger vehicles (collectively, deadly weapons, etc.) was a person, around 22:30 on December 20, 2014, and led the victim F (28 years of age) who observed the instant vehicle to shock with his/her singing advertising material installed in the Esing room located in D at the time of Singing on the 22:30 on December 20, 2014. The remainder of the misunderstanding that the victim F (28 years of age) who observed the act was fright to knick for the industrial knife, which is an object dangerous in the said vehicle, and thereby, threatened the victim as the victim in the above car.

2. On December 20, 2014, at around 23:45, the Defendant: (a) stopped the said Cuneting car in front of H located in G while under the influence of alcohol; (b) the Defendant was under the influence of alcohol; and (c) the police officer of the Chungcheongnam-gu Police Station I Zone of the Chungcheongnam-gu Police Station, who was dispatched after receiving a report on the same background as the mentioned in the foregoing paragraph (1) and was found to have driven under the influence of alcohol by K, such as the Defendant’s speech, snow and snow and hicking of snow, with a red eye, and thus, there were reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as he was under the influence of alcohol, and was requested to comply with a drinking test by inserting it into a drinking measuring instrument four times after voluntary operation according to the said I zone, but did not comply with a request for a drinking test by a police officer without justifiable grounds, such as evading it.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning L/F;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Application of Acts and subordinate statutes to a copy of the usage register of drinking meters;

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 283 (1) of the Criminal Act, Article 148-2 (1) 2 of the Road Traffic Act, and Article 44 (2) of the Road Traffic Act concerning the crime (the point of refusing to take a drinking alcohol measurement and the choice of imprisonment

1. The Criminal Act among concurrent crimes.

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