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(영문) 광주지방법원 해남지원 2017.10.19 2017고단286

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

[criminal history] On July 3, 2006, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court. On September 6, 2011, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Gangu District Court Branch Branch of Gwangju District Court.

[Criminal facts]

1. Although Defendant 1 had been punished for a violation of the Road Traffic Act (driving) more than twice as above, Defendant 2 driven a breab while under the influence of alcohol leveling 0.190% of alcohol leveling from the Defendant’s house located in the Southern Navy B around October 14, 2016 to D’s house located in C, around 400 meters from around 400 meters.

2. 상해 피고인은 2016. 10. 14. 21:00 경 전 남 해남군 C에 있는 피해자 D(50 세) 의 집에서, 피해자가 자신의 부모님에게 욕설을 하고 무시했다는 이유로 이를 항의하기 위해 피해자의 집에 찾아가, 피해자에게 “ 야 이 새끼야, 너 나와 봐. 죽여 버려. ”라고 소리치며 상의를 벗어던진 뒤, 한 손으로 피해자의 멱살을 잡고, 다른 손으로 피해자의 얼굴 부위를 3회 때리고, 발로 피해자의 정강이 부위를 수회 걷어찼다.

On the other hand, the defendant continued to leave the victim's fast to the floor, and then taken the victim's face back to the victim.

As a result, the Defendant inflicted bodily injury on the victim, such as cerebral finites, which does not have two common conditions, requiring approximately two weeks of medical treatment.

3. The criminal suspect who has damaged property was at the time, place, and violence against the victim D at the time, place, and place specified in paragraph 2, and damaged the property owned by the victim as the victim was destroyed by 20 cedbing at the victim’s possession, booming at the bottom, and destroying the damaged property at the market.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written opinion and written diagnosis of injury (D);

1. Statement report on the circumstances of the driver placed at home, and notification of the results of controlling the driver placed at home;

1. Dispatched photographs of the scene of the case;