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(영문) 창원지방법원 통영지원 2013.11.12 2013고단729
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. The Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) and the Defendant had been living together for more than seven years prior to the victim C (the age of 52) and a person living together, and around 04:10 on June 26, 2013, the Defendant demanded the victim to board the Defendant’s FF Stop car in front of “E” located in Tong-si, through the influence of alcohol. However, the Defendant demanded the victim to board the Defendant’s “E” main point of “E” without the victim’s response, while driving the vehicle, driving the vehicle to drive the vehicle, following the victim’s second line road, and continuing to stop from driving the vehicle in front of the victim, by plucking hand to take hand to get the H apartment, but under the direction of the vehicle in front of the victim, the vehicle in front of the Haak-si.

In this respect, the defendant carried a dangerous object with a car, and assaulted the victim.

2. Around 04:10 on June 26, 2013, the Defendant violated the Road Traffic Act and the Road Traffic Act (unlicensed driving) driving, the Defendant did not obtain a driver’s license on the front of the H apartment at the time of driving, but driven a F Non-Stop car while under the influence of alcohol with a blood alcohol concentration of 0.145%.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C and I;

1. A report on detection of a host driver;

1. Disqualifications of the main office;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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