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(영문) 부산지방법원 동부지원 2014.01.22 2013고단3061

상해등

Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

1. Around 00:10 on October 25, 2013, the Defendant driven Cone Star Motor Vehicle under the influence of alcohol leveling 0.125% from the 20-meter section from the 51-2nd road of Yong-dong, Nam-gu, Busan to the front road of the U.S. apartment located in the Southern-gu, Busan to the end of the U.S. apartment zone.

2. On October 25, 2013, the injured Defendant: (a) while driving the C Cost Star vehicle on the front of the U.S. apartment zone located in the Southern-gu Busan Nam-gu, Busan, the Defendant: (b) caused an accident of shocking the victim’s vehicle in the course of driving with the E-vehicle driven by the victim D (year 41); and (c) caused the accident of shocking the victim’s vehicle; and (d) caused the victim’s and the victim to be aware of the fact of driving the defective alcohol alcohol on the police while compensating for the trial expenses, the Defendant attempted to flee as it is.

Accordingly, in order to prevent the victim from getting out of the vehicle of the defendant, the victim demanded the driver to take the door of the vehicle in hand and get off the vehicle, and the defendant start the vehicle as is after taking the speed peds of the above vehicle, and the defendant started driving the vehicle as it is, and led the victim about 5 meters in the above vehicle, and cut off the victim's chest with left hand, and caused the victim to fall off on the floor, thereby causing about 2 weeks of medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 257 (1) of the Criminal Act concerning criminal facts;

1. Selection of a selective fine (such as the fact that an agreement is made with the victim of the injury, the fact that there is no previous offense except for driving under drinking once sentenced to a fine in 2006, and the fact that the accused acknowledges his mistake);

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;