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(영문) 서울남부지방법원 2013.03.21 2012고단4002
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)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

[2012 Highest 4002]

1. Around 18:56 October 13, 2012, the Defendant, while under the influence of alcohol by 0.063% during the suspension period of a driver’s license, driven a car in the column B by a distance of about two kilometers from the vicinity of the Shisan Middle Middle Middle School located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, Seoul to the front day of the convenience range of 1-1.7 kilometers.

2. In the vicinity of the road located in Yeongdeungpo-gu Seoul Metropolitan Government, the injured Defendant got a bicycle of the victim D (year 56) who was driving while driving as above, and was receiving a claim against the victim, and led the victim to a part of the face of the victim by taking care of the victim, the injured Defendant was on the face of the victim for about two weeks.

3. Violation of the Punishment of Violence, etc. Act (collective violence, deadly weapons, etc.) committed assault against the victim by driving the victim’s vehicle at the seat of the road located in Yeongdeungpo-gu Seoul Metropolitan Government at the time near the road, Yeongdeungpo-gu, Seoul Metropolitan Government, after using violence against the victim D and trying to get out of the site, the victim was prevented from the victim, and the above Ko-gu, which is an object dangerous to the victim, also used approximately 148 meters to drive at the seat of the passenger vehicle.

[2013Kadan277] Around 11:00 on January 14, 2013, the Defendant driven a vehicle in Eco-gu without obtaining a driver’s license on the section of about 100 meters from the road of Yeongdeungpo-gu Seoul Metropolitan Government 173-35 to the front road of the Yeongdeungpo-dong Elementary School located in Yeongdeungpo-dong 8, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul Metropolitan Government 35-1.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. A written statement;

1. A written diagnosis of injury;

1. A traffic accident report;

1. A drinking measuring instrument;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes, such as a report on the current status of driving without a license;

1. Punishment of an act of violence, etc. under the corresponding Article of the facts constituting an offense;

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