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(영문) 대전지방법원 2017.02.24 2016고단3475

특수상해등

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A

A. At around 17:30 on July 10, 2016, the Defendant: (a) found the Victim B (S 41) and the body fighting one day; (b) found the Victim B (S 41) and the body fighting back to the rest in front of the 215-gu Seoul Special Measures Center 215 Earbro-Eup; and (c) found the Victim at the rest in the rest; and (d) found the Victim at the rest, the victim’s head at one time, one of the dangerous objects in advance (58cm in length, 70cm in length, and 21 days in length, had the victim’s head at one time, and caused injury, such as brain, having no head open in need of treatment for a period of 21 days.

B. Around 17:20 on July 10, 2016, the Defendant driven a mati vehicle under the influence of alcohol leveling 0.125% in a section of about 2km from the front of the 3rd-gu Seoul Special Metropolitan Car Center in the Singu Seoul Special Self-Governing Province to the 215rd-gu Special Self-Governing Station.

2. On July 10, 2016, the Defendant: (a) 09:30 on July 10, 2016, at the rest place in front of the 215-ro 2015, the Defendant: (b) placed the victim A (36 years of age) and the body fighting in front of the 215-ro 205-ro 1; (c) placed the victim’s face at approximately two times of drinking, and (d) placed the victim’s face at approximately four weeks of treatment; and (e) laid down the inside and floor in need of approximately four weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the result of regulating driving of drinking alcohol;

1. Entry of seizure records;

1. Application of each of the Acts and subordinate statutes described in each injury diagnosis certificate;

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

(a) Defendant A: Articles 258-2(1), 257(1) (a) of the Criminal Act, and Articles 148-2(2)2 and 44(1) (a) of the Road Traffic Act (the point of drinking alcohol and the choice of imprisonment);

B. Defendant B: Article 257(1) of the Criminal Act; Selection of fines

1. A aggravated defendant for concurrent crimes: The aggravated punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggregated with the punishment of a heavier special injury (to the extent that the total of the long-term punishment of the above two crimes));

1. Defendant B to be detained in a workhouse: Article 70 of the Criminal Act.