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(영문) 인천지방법원 2020.02.05 2019고단8784

상해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant and the victim B (n, 50 years of age) are related with each other.

1. On September 27, 2019, the Defendant: (a) around 23:20 on September 27, 2019, at the 3:20, Seo-gu Seoul Seo-gu Seoul, Seo-gu Seoul, for the reason that the victim was making a false statement to himself/herself; (b) the Defendant driven a D Spex car and received once a part of E-frequency car, where the victim was on board with the front part of the said car.

In this respect, the defendant carried dangerous articles, and assaulted the victim with a car.

2. The Defendant, at the time and place specified in paragraph 1, driven a Dsch Rexroth car in the state of alcohol 0.17% of blood alcohol concentration at approximately 10 meters.

3. In the time and place specified in Paragraph 1, the injured Defendant got a sprink car driven by the victim, and then got the victim on board the vehicle from the above sprink, and the victim gets off the sprink so that the victim can take a part of the victim's face by drinking the victim's face, and the victim sprinked on the floor one time to walk the victim's face, so that the victim can take a part of the victim's face on the part of the victim's eye and the left sprink.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and B;

1. Investigation report (to listen to shots' telephone statements);

1. Notification of the result of the drinking driving control;

1. Application of statutes on site photographs;

1. Relevant Article of the Criminal Act; Articles 261 and 260 (1) of the Criminal Act; Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act; Article 257 (1) of the Criminal Act concerning the crime;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009) (see, e.g., Supreme Court Decision 2009Da11

1. Article 62 (1) of the Criminal Act;