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(영문) 대구지방법원 김천지원 2014.01.03 2013고정533
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 8, 2013, the Defendant was sentenced to imprisonment for one year with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Daegu District Court on the same day, and the said judgment became final and conclusive on the 16th of the same month.

[2013 high-level 533] On April 21, 2013, the Defendant driven B-type cargo vehicles with approximately 200 meters of blood alcohol concentration 0.150% from the front road of the water village located in the C-type water department of Kimcheon-si, Kimcheon-si, to the front road of the water village located in the 15:35 on the same day.

[Judgment of the court below]

1. On April 7, 2013, the Defendant, who is the mother of the Defendant, was in a de facto marital relationship with the victim C’s son D and approximately seven years of de facto marriage, and was engaged in adequate appraisal about the victim’s home at around October 2012, and was found in the victim’s home in Kimcheon-si, Kimcheon-si, and infringed on the victim’s residence.

2. The Defendant entered the inside of the victim C (n, 75 years of age) at the time, time, and place mentioned in paragraph 1 as above, and subsequently, the Defendant committed assault against the victim, while avoiding disturbance for about one hour, “the victim must go out of the toilet,” thereby preventing the victim from going out of the toilet, being tightly sealed, and getting out of the room.” On the other hand, the Defendant assaulted the victim by continuously pushing aheading the victim’s side gate with one time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written report from an employee of an employer;

1. Investigation report (with respect to the application of the Tramark formula);

1. Previous records of judgment: Results of case search which are bound in the protocol of trial and application of two copies of judgment to two Acts and subordinate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 319 (1) of the Criminal Act (the point of intrusion upon residence), Article 260 (1) of the Criminal Act (the point of assault), the selection of each fine;

1. The latter part of Article 37 and Article 39 of the Criminal Act dealing with concurrent crimes.

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