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(영문) 서울북부지방법원 2018.09.14 2018고합136
특정범죄가중처벌등에관한법률위반(보복폭행등)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

"2018 Gohap 136"

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as "Aggravated Punishment, etc.") by the Defendant is a person who is engaged in driving a MF5 vehicle.

On December 15, 2017, the Defendant driven the said car under the influence of alcohol level of 0.131% among blood transfusions on December 15, 2017, and driven the road of four-lanes in front of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, along three-lanes to the station located on the right side of the blue-ri station.

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the operation and steering gear of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to stop the signal waiting while driving, was driven by the victim D(57) who was under the influence of the signal waiting while driving, and received the part behind the E rocketing taxi from the Defendant as a part of the front part of the passenger car of the Defendant, thereby suffering from the injury of light chills and tensions that require approximately two weeks medical treatment to the victim, and even if she immediately stopped and escaped without taking necessary measures, such as providing relief to the damaged person.

2. Defendant 1 driven the said vehicle under the influence of alcohol concentration of 0.131% in blood, from the above temporary Dongdaemun-gu Seoul Fungdong to the front road of about 1.5 km from the above temporary Seoul Fungdong to the front road of the same Gu.

3. The defendant on the ground that he reported to the police the driving of alcohol, such as the defendant's paragraph (2) at the same time in Dongdaemun-gu Seoul Dongdaemun-gu Seoul, on the ground that he reported the victim of the above temporary violation of the Act on the Aggravated Punishment, etc. of Specific Crimes to the police

”라고 말하며 피해자를 향해 주먹을 휘두르고, 피해자의 엉덩이 부위를 발로 찼다.

As a result, the defendant assaulted the victim for the purpose of retaliation against the provision of investigation proviso in relation to his criminal case investigation.

The defendant of "2018 Gohap 307" shall be the defendant on May 2018.

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