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(영문) 창원지방법원 마산지원 2016.11.01 2016고단302

상해등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 19:20 on April 14, 2016, the Defendant: (a) heard the phrase “drawbed in front of the victim D(29 years of age) located in Changsi-si C; (b) heard from the victim the word “drawing from South and North Korea’s house”; (c) drawing the victim’s flaps with the victim’s flaps; and (d) drawing the victim’s flaps with the victim’s flaps, making the victim’s flaps, and flapsing the victim’s flaps by drinking once the victim’s flaps with the victim’s flaps.

At around 18:52 on June 11, 2016, the Defendant driven a e-wing truck with a blood alcohol content of about 0.242% while under the influence of alcohol from approximately 500 meters to the roads in front of the Gu Cancer Office located in the same Dong Dong-dong of Changwon-si, Changwon-si.

Summary of Evidence

"2016 Highest 302"

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury "2016 Highest 627";

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to the survey report on actual condition, report on detection of a de facto driver, and report on the de facto statement of a de facto driver;

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving) of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

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

1. The sentencing conditions under Articles 53 and 55(1)3 of the Criminal Act, including the following conditions for discretionary mitigation, and other conditions of sentencing, such as the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, shall be determined as ordered by considering the following circumstances.

Unfavorable circumstances: The defendant has been punished for violent crimes at least 15 times, and has been punished for the violation of the Road Traffic Act.

In particular, even though it was found on May 6, 2016 that a drinking driving was detected, it was also caused an accident by driving under the influence of drinking alcohol concentration of 0.242% at the same time.

The victim of the crime of injury is the victim.