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(영문) 대구지방법원 2013.04.19 2012고합542
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 25, 2008, the Defendant was sentenced to a fine of four million won for the violation of the Road Traffic Act (driving) in the Daegu District Court and the racing support on November 25, 2008, and was sentenced to a suspended sentence of six months and two years for the same crime at the Daegu District Court on April 5, 201.

1. The defendant is a person who is engaged in driving of CPoter cargo vehicles in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Road Traffic Act, and the Road Traffic Act;

On April 11, 2012, the Defendant, without a driver's license on April 16, 2012, driven the above cargo vehicle while under the influence of alcohol of 0.098%, and led the road front of the Nowon-gu Nowon-gu Nowon-gu Nowon-gu Nowon-gu Nowon-gu, in the direction of the street street from the direction of the street street.

In this case, the driver of the vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering gear and brakes so as to prevent accidents.

Nevertheless, the Defendant neglected to stop in the front and the rear part of the E SP car of the victim D(34 years old) which was under the influence of the signal stop at the front and the front part of the said cargo vehicle.

The Defendant suffered injury to the victim by occupational negligence, which requires approximately two weeks of medical treatment.

2. The Defendant, in violation of the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) takes one insertion (100 cm in total length and 30 cm in daily length) of dangerous articles (30 cm in length) in the above cargo section, on the ground that he was requested from the above victim to handle an accident at the same time and place as the above 1.33 m., and only 30 mm in the above cargo section, and puts the victim with sound.

3. On April 11, 2012, the Defendant for a violation of the Road Traffic Act and the Road Traffic Act (driving without a license) is under the influence of alcohol by 0.172% of the blood alcohol concentration without obtaining a driver’s license on April 19, 2012.

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