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(영문) 대구지방법원 2016.09.29 2014고단3285
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, “2014. May 26, 2014.” As the written indictment written on May 24, 2014 appears to be a clerical error, the Defendant, ex officio, recognized as above.

In 20:40, at the first parking lot for new public vehicles located in the Geongdong-gu, Daegu-si, the B Poter cargo vehicle was driven under the influence of alcohol concentration of 0.122% in blood.

On May 24, 2014, the Defendant: (a) driven B B-type passenger vehicles from a new permanent resident vice head in the Daegu Suwon-gu Newdong on May 24, 2014, at around 20:40, and tried to flee as they were, after looking at C-type B-type passenger vehicles parked in the relevant location.

The victim D (48) who was a parking manager witnessed this, her hand around the Defendant’s vehicle, but the Defendant continued to proceed, and the victim her hand on the front glass of the Defendant’s vehicle, but when the Defendant continued to proceed, the victim her turn back to the front of the Defendant’s vehicle and her turn back to the front of the Defendant’s vehicle, and her turn back to the front of the Defendant’s vehicle, but the Defendant proceeded with 3 to 4 meters as they were.

Accordingly, the defendant carried dangerous cargo vehicles, which are dangerous objects, and assaulted the victim.

Summary of Evidence

[2014 Highest 3285]

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the circumstances of the driver at home, and report on the detection of the driver at home (2014 high group 4712);

1. A protocol concerning the interrogation of the suspect against the defendant (including DNA statements);

1. Application of Acts and subordinate statutes on the petition of complaints filed in DNA;

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking), Articles 261 and 260 (1) of the Criminal Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines [the scope of the recommended punishment] the basic area (from June to October) of the six types of assault crimes (Habitual, repeated, and special assault) (no person subject to special sentencing];

2. Determination of sentence - Unfavorable circumstances:

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