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(영문) 광주지방법원 순천지원 2020.06.04 2019고단3031

특수상해등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

1. Around 23:50 on November 17, 2019, the Defendant driving a D-wing truck under the influence of alcohol leveling 0.10% of blood alcohol leveling from approximately 10km to the road in front of the dwelling of the Defendant-friendly C in the pro-dong-dong-dong-ri of the same military morality leveling from November 18, 2019, around 00:03, the Defendant was under the influence of alcohol leveling 0.10% from the 10km section of the same military morality leveling from November 18, 2019.

2. On November 18, 2019, the Defendant suffered a special injury: (a) on the roads in front of the non-presidential area of the Jungnam-gun, the Johyeong-gun, the Johyeong-gun, the Johyeong-gun, the Johyeong-dong, the Johion of which was 1535, and (b) on the ground that the Defendant was driving at the front of the vehicle driven by the victim E (the age of 37) while driving the vehicle on the front of the vehicle driven by the victim, and (c) the Defendant stated that the Defendant was able to take the vehicle driven by the Defendant, and that the Defendant would be able to take the front of the victim’s face at two times in drinking, and that the victim would be able to take two times more at the right shoulder of the victim, which is a dangerous thing (the length of 39cm) being used by the victim, and that the victim would have been able to take two times more at the right end of the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The circumstantial statement of the employee;

1. Report on the state of drinking drivers, and notification of the results of the control of drinking driving;

1. Investigative reports (Attachment of suspect's diagnosis reports), medical opinions, investigation reports (Attachment to the records of emergency patients), and records of emergency patients;

1. Application of the investigative report (a photograph), investigation report (Attachment, etc. of a victim's vehicle box image data) and the Acts and subordinate statutes concerning CDs for video booms;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 148-2 (3) 2 and 44 (1) (a) of the Road Traffic Act (the point of sound driving and the selection of imprisonment) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes shall be more severe;