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(영문) 인천지방법원 2017.07.12 2016고단8562

특수상해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around June 20, 2012. Around 18:30 on June 20, 2012, the Defendant injured the victim D (59) and E and drinking in Jung-gu, Incheon, Jung-gu, 102, and 102 of the same Act, the injured person, while drinking with E and drinking alcohol, was bad to the Defendant, and was suffering from a glass disease, which is an object dangerous to the head of the victim, and caused injury to the victim, such as damage to the two inwards where there are no two inwards in which three weeks of treatment is required.

2. Around 15:00 on June 21, 2012, the Defendant driven a f-hurb-purged vehicle under the influence of alcohol concentration of 0.334% at the 10km section of the New Airport Highway, Jung-gu, Incheon, Jung-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. G statements;

1. Statement of the circumstances of the driver involved in driving;

1. A written diagnosis of injury;

1. Photographs (net 18);

1. Application of Acts and subordinate statutes to a report on investigation (verification of the name of the victim's injury medical certificate, code of injury, etc.);

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act concerning facts constituting an offense, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment);

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

1. The reasons for sentencing under Article 53 and Article 55(1)3 of the Act on Reduction of Small Quantity are as follows: (a) Defendant was sentenced to a suspended sentence twice for the same violent crime; and (b) Defendant was sentenced two times due to driving under the influence of alcohol, even though he had the record of punishment twice due to driving under the influence of alcohol, was injured by the victim; and (c) was driving under the influence of alcohol with high drinking

The victim did not agree with the victim or did not recover the damage.

Accordingly, the defendant is sentenced to imprisonment.

However, considering the favorable circumstances in which the defendant recognized and reflected the crime, the punishment as ordered shall be determined by taking into account the defendant's age, sex, environment, health conditions, and circumstances before and after the crime.