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(영문) 대구지방법원 서부지원 2018.06.20 2017고단2555

특수상해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant, from around 01:00 on July 5, 2017 to around 01:0, went to a place where the Defendant, while drinking alcohol together with the victim D (the 25-year old age), went to a place where the Defendant parked the Defendant’s vehicle without calculating the drinking value, while drinking alcohol together with the victim D (the 25-year age).

On July 5, 2017, the Defendant: (a) tried to start a vehicle of the Defendant’s G that was parked in front of the F restaurant located in the Seogu Daegu-gu, Daegu-gu, and (b) tried to start a vehicle after leaving the vehicle in front of the Defendant’s G cafeteria; (c) the victim followed the vehicle in the drinking house and obstructed the Defendant’s driving of the Defendant by leaving the front door of the vehicle in order to open the front door of the Defendant’s vehicle and open the door of the vehicle.

As such, the Defendant, while continuing to run a vehicle by the Defendant, was on the back of the Defendant’s vehicle, and thus, in the event of operating a vehicle, the Defendant knew that the victim could cross the vehicle, repeated the former and the latter, followed the vehicle in the future, and led the victim more than 2m of the vehicle with even the driver’s seat added.

After all, the defendant carried dangerous things and inflicted injury on the victim, such as the left-hand left-hand side, the inspection, etc. in need of medical treatment for about two weeks.

2. On July 5, 2017, the Defendant violated the Road Traffic Act (divated driving) driving a G lux car by the Defendant of a volume of approximately 400 meters from the frontway in Daegu-gu E to the first way in H, while under the influence of alcohol level of 0.093% during blood transfusion at around 03:24, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on the driving of drinking;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 258-2 (1), Article 257 (1) (special injuries) of the Criminal Act applicable to the facts constituting an offense, and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of drinking and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reduction of a small amount;