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(영문) 대전지방법원 서산지원 2015.09.18 2015고단644
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On August 10, 2015, from around 13:50 to around 15:30 of the same day, the Defendant driven a cfwing wing vehicle (12 tons) with a blood alcohol concentration of about 0.193% in the section of about 110km from the front of the “Korea Complex Logistics Center” located in the Gangdong in Gyeonggi-si, Gyeonggi-do, to the front of the Seogsan west-si, Chungcheongnam-si, Chungcheongnam-do.

2. Around 15:00 on August 10, 2015, the Defendant violated the Punishment of Violences, etc. Act (a collective assault, deadly weapon, etc.) and the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc.) (a collective assault, etc.) provided that the Defendant, under the influence of alcohol, driven the said cargo at a speed of 90km from the EK3 car driven by the victim D (the age of 26) to the speed of 90km, while driving the said cargo at a speed of 15:0,00, around the back of the said cargo vehicle, which is a dangerous object of the victim's driving, 4 times the back-line part of the said passenger vehicle and 15:0 of the victim D and the head of the said passenger vehicle, and at the same time, destroyed the victim's 30 years of age and 460 meters of the said G vehicle, and destroyed the victim's repair 46.5 billion won of the said G vehicle.

Accordingly, the defendant carried dangerous cargo vehicles, and assaults the victim D and the victim F, and at the same time damaged the property owned by the victim G.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to D or F;

1. Written estimate of damaged vehicles;

1. Application of Acts and subordinate statutes to written assessment of blood alcohol and written report on drinking drivers;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, the Criminal Act.

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