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(영문) 수원지방법원 2020.10.16 2020고단4603
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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] On June 18, 2019, the Defendant was issued a summary order of a fine of three million won at the Suwon District Court for a violation of the Road Traffic Act. On February 13, 2020, the same court sentenced two years of suspension of execution to one year for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amera, etc.) and became final and conclusive on the 21st of the same month.

【Criminal Facts】

1. On December 14, 2019, the Defendant was driving a DK-7 vehicle under the influence of alcohol content of about 0.110% without obtaining a driver’s license from the 6km-gu roads adjacent to the Heungdong-gu, Youngdong-gu, Youngdong-gu to the roads adjacent to the same Gu B apartment C-dong, in a manner of under the influence of alcohol of about 0.110% without obtaining a driver’s license.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the provisions of the Road Traffic Act prohibiting driving under the influence of alcohol once or more.

2. The Defendant, at the time and time set forth in Paragraph 1, was receiving the front part of the cab operated by the victim E (the male and the age of 52) from the back part of the cab running a DK7 car in the vicinity of the Yeongdeungpo-gu B apartment C-dong, Young-gu, Young-gu. The Defendant asked the victim to “the victim who did not make a report on the examination to compensate for damages” but the victim rejected it and reported 112.

In addition, the defendant saw the victim who was on the road after boarding the above K7 car again, and the victim was faced with the edge of the road, and the victim was getting out of the road, and the victim was posted a drinking to the victim by getting out of the vehicle.

Accordingly, the defendant, carrying a dangerous object, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The first protocol of interrogation of E by the police;

1. A report on internal investigation (on-site conditions, etc.);

1. Investigation reports (accident sites and CCTV investigations) and damaged vehicles for investigation reports;

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