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(영문) 수원지방법원 여주지원 2013.10.25 2013고단815
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

【Criminal Power】 On October 17, 2008, the Defendant was issued a summary order of KRW 2 million with fine due to a violation of the Road Traffic Act (driving) at the credit support of Suwon District Court on October 17, 2008, and on July 31, 2013 by the same court on July 31, 2013, respectively.

【Criminal Facts】

1. On June 23, 2013, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) driving a horse at around 21:50: (a) the Defendant, while under the influence of alcohol with a blood alcohol level of 0.157%, driven the large-scale 50cc tamp tex from the 6km section to the vicinity of the “C” restaurant located in the same city (hereinafter “C”).

Accordingly, the Defendant again driven a motor vehicle while under influence of alcohol in violation of Article 44(1) of the Road Traffic Act, who violated Article 44(1) of the Road Traffic Act more than twice.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act without purchasing mandatory insurance as mentioned in paragraph (1) at the time and place mentioned above.

3. Around 23:50 on June 24, 2013, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) threatened the victim with the “C” restaurant located in Gyeonggi-si B, Gyeonggi-do, where the victim D (the age of 49) reported and the Defendant was under the influence of drinking driving, etc. as above. However, as described in paragraph (1), the Defendant conducted a drinking measurement at the E-s box, discovered the victim at the Es box, found the victim in the above box, and laid the kitchen up the kitchen, which is a dangerous object in the above restaurant, and then laid the kitchen, “the victim shall dump with drinking alcohol, and shot down the death.”

Accordingly, the defendant threatened the victim by carrying a kitchen, which is a dangerous thing.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of D. D.

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