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(영문) 전주지방법원 정읍지원 2016.11.24 2016고단344

상해등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On February 27, 2004, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the wooden branch of the Gwangju District Court, and on May 16, 2014, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Gunsan Branch of the Jeonju District Court on May 16, 2014.

1. On May 11, 2016, around 06:00, the injured Defendant: (a) set off the victim’s car at the Defendant’s car to prevent the victim’s car from driving on the road located in the Dong; and (b) set up the victim’s car at the Defendant’s car because the victim C (the age of 41) led the Defendant’s car toward the Defendant’s car while driving; (c) opened the victim’s car at the victim’s car and set up a door to the victim’s car; and (d) opened the victim’s head and face part of the victim’s car at the two weeks.

As a result, the defendant suffered from the injury of the victim for about one week, and caused the injury to the victim and the injury of the victim.

2. Around 06:00 on May 11, 2016, the Defendant driven a DNA car under the influence of alcohol content of about 0.254% from the 3 kilometers of approximately 0.3 kilometers to the road in which the line in the father-gun in the west-gun in the west-gun of North Korea was under the influence of alcohol by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Correspondence to the written request;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes to investigation reports (in relation to attaching photographs of victims and the application of the Badmark);

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. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act from among concurrent crimes (limited to the aggravation of concurrent crimes within the scope of adding up a long-term punishment, but the minimum of the punishment shall be the punishment determined for the violation of the Road Traffic Act);

1. The suspended execution reflects the error of Article 62(1) of the Criminal Act, and is the victim.