beta
(영문) 광주지방법원 해남지원 2017.10.26 2017고단252

특수상해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. Around 02:20 on June 6, 2017, the Defendant: (a) driven Bho-do car while under the influence of alcohol content of about 0.132% in the section of about 20km from the road in the northwest-west, south-west, south-west, to the road in front of the same military volcanic gate 759-9.

2. Around June 6, 2017: (a) around 02:26, the Defendant: (b) while driving a Brane vehicle at a ri-ri-ri-ri 759-9 located in the south-Namnam-gun, the Defendant got the fishing era owned by the victim C (25 years old) who was in the place and tried to leave the site; (c) prevented the Defendant from driving the vehicle in front of the Defendant’s vehicle; (d) was driving the said vehicle, which is a dangerous object, led the victim’s knee in front of the vehicle; and (e) took the victim’s knee at the top of the vehicle for about two weeks to undergo approximately two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Medical certificate (C);

1. Application of Acts and subordinate statutes to the report on the circumstances of driving a drinking driver, the details of regulating drinking drivers, and the notification of the results of regulating drinking driving;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of carrying dangerous articles), and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of long-term punishments) to increase concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order was that the Defendant, while driving alcohol, tried to leave the scene after getting the victim's fishing age, and had the victim escape from the scene, and sustained injury on several occasions by driving cars.

The defendant's act of inflicting an injury on the victim or during the course of such act.