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(영문) 인천지방법원 2013.03.28 2013고정125

상해등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[2013 high-level 125] On November 25, 2012, the Defendant, at around 22:40, suffered an injury that requires approximately two weeks of medical treatment, such as impairment of e-mail of le-mail, etc., on the part of the victim E (the age of 58) in front of the D apartment 417, Nam-gu, Incheon Metropolitan City, due to the collision between the victim E (the age of 58) and the vehicle.

[2013Haak126] On November 25, 2012, at around 22:30, the Defendant, while drinking alcohol, was demanded to respond to the alcohol alcohol measurement by inserting three minutes of alcohol measuring instruments, in a manner that it is difficult to recognize that the Defendant driven a road of 417 dong-gu Incheon Metropolitan City D apartment 417 dong-gu, Incheon Metropolitan City, as a Fulna motor vehicle, from the defendant under the influence of alcohol, such as smelling, smelling on the face, etc.

Nevertheless, the Defendant refused to comply with a police officer’s demand for alcohol measurement by avoiding it by means of not entering the drinking measuring instrument itself, etc., without justifiable grounds.

Summary of Evidence

[2013 fixed number 125]

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written diagnosis of injury (2013, 126);

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Application of Acts and subordinate statutes concerning refusal to measure drinking;

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury), Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the point of refusal of measurement of noise): Each fine for negligence;

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;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;