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(영문) 광주지방법원 순천지원 2018.09.14 2018고단725

상해등

Text

Defendant shall be punished by a fine of 12 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. 『2018 고단 725』 피고인은 2017. 7. 22. 20:00 경 보성군 B에서 자신의 아들인 피해자 C(17 세) 이 핸드폰 요금을 납부하지 않고 돈을 임의로 소비했다는 이유로 화가 나 부지깽이로 엉덩이, 종아리를, 일본도 칼집으로 명치 등을 수 회 때려 실신하게 하였다.

Accordingly, the defendant injured the victim.

2. On April 9, 2015, the Defendant issued a summary order of KRW 4 million for a crime of violating Road Traffic Act in the Gwangju District Court’s net support on April 9, 2015, and on January 7, 2016, the Defendant was sentenced to imprisonment with prison labor for the same crime, etc. at the Gwangju District Court.

On March 23, 2018, the Defendant driven a cub car from approximately 2 km to E on the roads in Bosung-gun, under the influence of alcohol content of 0.060% among the blood transfusion around 01:10 on March 23, 2018.

As a result, the Defendant was a person who had a driving force under drinking not less than twice, and was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

"2018 Highest 725"

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. Investigation report (to hear statements by shots and photographs used at the time of violence);

1. A medical certificate;

1. Photographss and damaged photographs used at the time of the assault;

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Evidence and photographs of the traffic accident scene;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a summary order, and the application of the text of the judgment;

1. Relevant legal provisions of the Criminal Act, Article 257 (1) of the Criminal Act (the point of harm), Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of driving alcohol), and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, the main sentence of Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the defendant has the history of driving alcohol and violence.