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(영문) 부산지방법원 서부지원 2019.11.28 2019고단333

특수상해등

Text

Defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

[2019 Highest 333] On December 23, 2018, the Defendant brought a dispute with the victim D (the age of 47) and the toilet on the ground that he/she was faced with shoulder in the victim D (the age of 47) and the toilet in the Cnobyabbbbbb in Busan B, which caused the injury of the victim due to the number of days of treatment when he/she gets off the strawer, which is a dangerous thing in the location.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

[2019 Highest 2063] Around 18:45 August 29, 2019, the Defendant driven an ISM5 vehicle at a section of approximately 150 meters from the Do in front of the Fridge meeting located in Busan Ho-gu E without obtaining a driving license in the state of alcohol concentration of 0.086%.

Accordingly, the defendant violated the prohibition of drinking driving, driving a motor vehicle under the influence of alcohol again, and driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

[2019 Highest 33]

1. Defendant's legal statement;

1. Each police interrogation protocol against J or D;

1. The K's statement;

1. The defendant and the victim's photograph, on-site photograph, and photograph of the criminal defendant's and the victim's photograph;

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Report on the circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

1. Application of statutes on the ledger of driver's licenses and the details of revocation of driver's licenses;

1. Relevant provisions of Article 258-2 (1), Article 257 (1) of the Criminal Act for the crime concerned, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act for the crime;

1. Punishment for a violation of Articles 40 and 50 of the Criminal Act (a punishment for a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license) and a punishment for a violation of the Road Traffic Act with heavier concurrent punishment;

1. Imprisonment with prison labor for a violation of the Road Traffic Act in the choice of a punishment;