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(영문) 전주지방법원 2013.08.28 2013고단1606
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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 of the final judgment.

Reasons

Punishment of the crime

1. On April 18, 2013, the Defendant is a person who drives a BSS7 vehicle. On April 18, 2013, at around 01:00, the Defendant driven the said vehicle while under the influence of alcohol with a blood alcohol concentration of 0.145%, the Defendant driven the said vehicle, driving the said vehicle at the speed of 0.145%, leading it to the east-gu Western-gu west from the side of the Jeonbuk-gu Department Department of Materials and Materials.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately operating and safely driving steering steering devices, steering devices, and brakes.

Nevertheless, under the influence of alcohol, the Defendant did not take measures at the time of the occurrence of a traffic accident, such as immediately stopping and checking the state of damage, so that the victim C's Do-re-pured vehicle was parked on the right side of the running direction by neglecting such duty and being parked on the right side of the road of the victim C, which was parked on the right side of the 606,266 won.

2. The Defendant of the Punishment of Violence, etc. Act (collectively weapon, etc.) tried to stop without immediately stopping a victim C (the age of 35)’s sM7 car after driving it at the time and place specified in paragraph (1). The defective victim tried to put the vehicle in body through the above SM7 driver’s seat window and turn the vehicle in time.

Nevertheless, the defendant, who is a dangerous object, proceeded with approximately 15 meters of the victim in the above SM7 car.

Accordingly, the defendant abused the victim by using dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. A traffic accident actual condition survey report and photographs;

1. Application of Acts and subordinate statutes to a report on detection of, and estimates for, a host driver;

1. The relevant Article of the facts constituting an offense and the punishment of selecting an act of violence, etc.;

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