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(영문) 대구지방법원 2016.01.21 2015고단4453

상해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 9, 2015, the Defendant, in front of the “C gas station” located in G of the Gandong-gun, Gandong-gun, Gandong-gun on April 10, 2015, he sawd the previous vehicle while drinking alcohol and driving his own car.

Since then, the Defendant reported his drinking to the victim D (23 S) who is a driver of Bosch Rexroth C (23) who confirmed the above accident and sent to the scene, and expressed the Defendant’s wife his desire to do so, and brought the victim off from the door, and brought the victim out of the door “I will throw away from it, I will do so only. I will do so.” On the same day, the Defendant found the victim waiting to investigate the traffic accident at “The North Tlock Police Station,” which is located near the scene of the accident at around 12:00 on the same day, while I discovered the victim waiting to enter the police box for the investigation related to the traffic accident, and walked the victim’s sagun part of the victim’s so that the victim walked once and walked about about two weeks of the victim’s sagun part.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the criminal records of the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the severity of the injury, and the part of the injury, etc., the nature of the crime shall not be shorter than that of the defendant;

However, the defendant reflects his mistake in depth, the degree of injury is not much severe, and the defendant's age, sex, intelligence and environment, the motive, means and consequence of the crime, and other various sentencing factors specified in the arguments of this case, such as the circumstances after the crime, etc., shall be determined in accordance with the order.