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(영문) 서울중앙지방법원 2015.04.22 2014고단8579
상해등
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】 The Defendant was issued a summary order of a fine of four million won at the Seoul Central District Court on August 12, 201, by committing a violation of the Road Traffic Act, and such summary order became final and conclusive on September 29, 2011, and the said court issued a summary order of four million won for the same crime on December 5, 2013 and the said summary order became final and conclusive on March 20, 2014.

【Criminal Facts】

1. The Defendant, while under the influence of alcohol content of 0.126% without a driver’s license, driven a BM B B B B B B-B motor vehicle from the mutual influence point in Gangnam-gu Seoul Cheongdamdong to 460 roads as bankruptcy, around October 27, 2014.

2. Around the same time as the preceding paragraph, the Defendant refused to comply with the victim’s request for presentation of the driver’s license from the victim, who was found to have stopped temporarily due to the victim’s restraint ( South, 47 years old) that was the police officer, and caused the victim’s arms to inflict on the window of the vehicle by raising the window of the driver’s license.

In this regard, the Defendant brought about the following part of the arms, which requires treatment for about two weeks, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement prepared by C on the occurrence of a traffic accident;

1. Records of the measurement of drinking alcohol, and report on the circumstantial statement of the drinking driver;

1. Registers of driver's licenses;

1. A medical certificate;

1. Previous records: Criminal records, previous records of dispositions, results of confirmation, reports on investigation, and application of summary order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, Articles 152 (1) and 43 of the Road Traffic Act, Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act and between the crimes of violation of the Road Traffic Act due to driving under influence of alcohol and the crimes of violation of the Road Traffic Act due to non-licenseless driving. The punishment shall be heavier; and

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