(영문) 인천지방법원 2016.11.28 2016고단4077

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2016.11.28 2016고단4077

감금등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant is a female-friendly job offers victim C (n, 21 years of age) and a deadly relationship with the Defendant around April 2016.

At around 01:20 on June 17, 2016, the Defendant called “the victim is unable to drive drinking cars” to the victim in the vicinity of the Seo-gu Incheon, Seo-gu, Incheon, and got the victim to talk at that place.

The Defendant demanded the victim to drive FIsty car in order to continue to drive the vehicle to a non-residential destination, which is not a residence of the Defendant, and the victim tried to set up and get off the vehicle.

At around 01:45 on the same day, the Defendant: (a) prevented the victim from returning home by putting the victim’s arms, pushing the shoulder, and (b) prevented the victim from getting home by driving the said car at the head of the pertinent car operation place and driving the said car at a place with no knowledge of the victim; and (c) prevents the victim from getting home from getting off the “I convenience point” located in the Nam-gu Incheon Metropolitan City, Seo-gu, Incheon, by driving the car at the seat of the said car operation place; and (d) preventing the victim from opening a door several times on the same day.

As can be seen, the Defendant, from around 01:45 on June 17, 2016 to around 02:24 on the same day, detained the victim of 40 minutes of age into the said Flaune vehicle.

2. On June 17, 2016, the Defendant was under the influence of alcohol 0.067% from around 01:45 to around 02:24 of the same day, and the Defendant proceeded with the 10km of 10km from around the Seo-gu Incheon Metropolitan City to the top of “I convenience store” located in the Namdong-gu, Incheon.

Summary of Evidence

1. Court statement of the defendant (the first and the fifth court date);

1. C’s legal statement;

1. C’s statement;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

참조조문

-도로교통법

-형법

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