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(영문) 청주지방법원 영동지원 2019.07.25 2018고단177
폭행치상등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 25, 2007, the Defendant issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Daejeon District Court, and on March 31, 2010, a summary order of KRW 700,000 as a fine from the Youngju District Court’s Young-dong Branch to the same crime.

On March 31, 2019, at around 14:36, the Defendant driven C Poter Cargo in the state of alcohol alcohol concentration of about 0.200% from the 10km section to the front road of the Maber Dam located in the Maber Dam, if the Defendant is the same Gun from the customary market parking lot located in the Maga-gun, Chungcheongnam-gun, Chungcheongnam-gun.

As a result, the defendant has driven a motor vehicle under the influence of alcohol even though he has violated the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previouss before judgment: Criminal history records, reply reports, investigation reports (Evidence Nos. 10) and the application of Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Code of the community service order (unfavorable circumstances) requires strict punishment for a crime that is likely to inflict harm on the life, body, or property of the driver as well as the driver himself/herself.

【Pried circumstances】 The Defendant recognized the instant crime.

In addition, comprehensively taking into account all the factors of sentencing as shown in the trial process of this case, such as the defendant's age, reputation, health status, environment and family relationship, etc., the sentence shall be determined as ordered.

The acquittal portion

1. The summary of the facts charged lies in the following: (a) around 11:00 on October 7, 2017; and (b) on the ground that the victim F (55 years of age) desires the Defendant-friendly Gsinging the Defendant under the influence of alcohol at the E-cafeteria parking lot located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

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