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(영문) 서울중앙지방법원 2017.07.05 2017고단3157
도로교통법위반(음주운전)등
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of two million won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

[Criminal Records] Defendant A was sentenced to imprisonment for six months with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Incheon District Court on August 20, 2015, and two years of suspended execution was decided on the 28th of the same month, and is still under suspended execution.

[Criminal facts]

1. Individual criminal act by Defendant A: A person who violated the Road Traffic Act (driving on January 27, 2017) driven a DNA car with a alcohol content of about 0.118% while under the influence of alcohol from the front side of the entrance of the Seoul Special Metropolitan City, Gwanak-gu to the front side of the same Gu C at approximately 1.2km.

2. The Defendants’ joint crime: around 03:40 on January 27, 2017, Defendant A was on board Defendant B in front of Gwanak-gu in Seoul Special Metropolitan City, and was driving a Awddi vehicle in front of Gwanak-gu in Seoul Special Metropolitan City, while driving the Awddi vehicle as above, Defendant E (54 years old) who driven a taxi in front of Awddi vehicle and was taking a dispute.

In addition, in order to prevent the defect that the damaged person tried to report 112 by using his mobile phone, Defendant A left the damaged person’s hand in one hand by cutting off the damaged person’s hand. Defendant B, who was on the side of Defendant A, attempted to prevent the injured person from driving his car in front of his car and report 112 again, Defendant B accessed the injured person, and sleeped by approaching the injured person’s franch with his hand, and sleeped the part of the injured person’s left franch with one hand.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Statement made by the prosecution against E;

1. The details of inquiries about management of a report on driving alcohol, inquiry of the results of crackdown on driving alcohol, and statement of the circumstances of the driver on driving alcohol;

1. A statement of the process of detection and a report on internal affairs (verification of black stuffs);

1. The victim's photograph (No. 7 times a year), photograph (no. 10 times a year);

1. Before judgment: Defendant A.

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