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(영문) 광주지방법원 목포지원 2014.05.15 2014고정167

상해등

Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On December 11, 2013, the injured Defendant: (a) 02:54, the victim D (Nam, 57 years of age) who operated a taxi in front of the “C” way in a wooden city B (C) on the ground that the Defendant’s vehicle left the front side of the Defendant’s own vehicle, left the horn at his/her own seat; (b) taken the horn at B, and expressed the victim’s desire.

At this time, the victim tried to avoid the report to the police and the defendant to another place, but the victim tried to go more to the defendant, and when the victim was on the part of the victim's entrance to the police one time due to the drinking of the defendant.

As a result, the Defendant inflicted an injury upon the victim who could not know the number of days of treatment, such as suffering from the victim's injury.

2. Around the time and time specified in paragraph (1) of the Road Traffic Act, the Defendant driven a e-car under the influence of alcohol with approximately 3 meters alcohol concentration of 0.130% in the direction of “C” in Fagpo-si B from the front of “Sapo-si” street in Fapo-si B to the front of “Sapo-si Center.”

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of victim of D (six pages of evidence records);

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to photographs of damaged victims;

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the selection of fines), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving sound and the selection of fines) concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the lowest sentence shall be applicable to concurrent crimes resulting from a violation of the Road Traffic Act] among concurrent crimes;

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;