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(영문) 인천지방법원 부천지원 2017.07.07 2017고단965
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 17, 2009, the Defendant received a summary order of KRW 2,50,000,000 as fines for violation of road traffic law (dacting driving) from the Sungnam branch of Suwon branch on June 17, 2009. On April 28, 2010, the Defendant received a summary order of KRW 2,50,00,000 as fines for the same crime in Ansan branch of Suwon branch of Suwon branch of Suwon branch of Suwon branch.

Although the Defendant had been in violation of Article 44(1) of the Road Traffic Act more than twice, the Defendant driven B car stren under the influence of alcohol leveling 0.190% in alcohol leveling to the front of the two-lanes of the same Si/Eup/Myeon, from April 12, 2017, at around 00:05, at around Kimpo-dong, Kimpo-si, Kimpo-si.

around 23:07 on April 11, 2017, the Defendant: (a) requested the victim C (45 tax) (the representative officer) to drive a B car on behalf of the Plaintiff at the name of the Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju District Office on behalf of the Defendant; and (b) moved to the Incheon D's seat, the destination of the said car on behalf of the Defendant; (c) while getting on the top of the operation of the B car on behalf of the Plaintiff, the Defendant 204 was moving to the Party D's seat, the destination of the said car on behalf of the Defendant, the Defendant 201.

The 'Blue theory' and the driver tried to see the victim's right-hand hand on several occasions, and assaulted the victim's right-hand face at one time.

Summary of Evidence

[2017 Highest 965]

1. Statement by the defendant in court;

1. A report on investigation, and a report on investigation;

1. Statement of the circumstances of the driver in charge of drinking, notification of the results of crackdown on the driving of drinking, and report processing of the case; and

1. A photograph of a CCTV image to be cut;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (Attachment of a summary order on the suspect's previous records), summary order [204 order];

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver) and the choice of imprisonment for each sentence;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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