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(영문) 대구지방법원 2015.11.05 2015고단3373
도로교통법위반(음주운전)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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 18, 2008, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act at the Daegu District Court on April 18, 2008, and on May 4, 2011, the Defendant had the record of being issued a summary order of KRW 2,00,000 by a fine at the Daegu District Court on May 4, 201.

【Criminal Facts】

On July 15, 2015, at around 22:20, the Defendant driven a e300 Bentz car in the 1km section from the front of the Bosag-gu, Daegu Northern-gu to the front of D in C, with a blood alcohol concentration of about 0.094%, while under the influence of alcohol, the Defendant driven a e300 Benz car.

The Defendant, around 22:20 on July 15, 2015, 2015, driven a benz car in front of the D frequency located in Daegu Northern-gu C, Daegu-gu, and became the victim and the vision on the day when the Defendant’s vehicle f (50 years of age) was boomed for the victim F.

피고인은 피해자가 위 벤츠 승용차에 앉아 있는 피고인의 멱살을 잡고 차량에서 끌어내자 화가 나 주먹으로 피해자의 얼굴을 5-6회 가량 때리고, 땅에 주저앉은 피해자의 얼굴과 가슴을 수회 걷어찼다.

In this regard, the Defendant inflicted injury on the victim, such as an electric-emitting blood that requires approximately four weeks of treatment, and a non-aggravating blood.

Summary of Evidence

"2015 Highest 3373"

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Photographss, etc. of the suspect body;

1. Each investigation report (the Medmark public calculation, the suspect's math alcohol, or the Schlage's statement after the driving is completed);

1. Previous convictions in judgment: Each summary order (Seoul District Court 2008 High Court 2008 High Court 8740, Daegu District Court 201 High Court 201 High Court 6149), "205 High Court 4295";

1. Defendant's legal statement;

1. Examination of suspects of defendants and F by prosecutors;

1. A medical certificate of injury (F, bill, and bill) and a medical certificate (F, and bill);

1. Application of Acts and subordinate statutes to the investigation report (related to statement by a shot phone);

1. Relevant Article of the Act and Article 148-2 of the Road Traffic Act concerning the crime and the choice of punishment;

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