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(영문) 수원지방법원 2021.02.04 2020고단8395
특수상해등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On October 25, 2020, the Defendant violated the Road Traffic Act (divated driving) driven a CV-type car at the section of approximately 2-3 km from the fluoral surface to the fluoral end in the direction of 0.124% under the influence of alcohol during blood transfusion at around 17:30 on October 25, 202.

2. The Defendant: (a) was trying to have a dispute with the victim D ( South Korea, 37 years of age) who had a relationship with the Defendant in the instant day-to-day B; (b) was under the influence of alcohol as a matter of marriage preparation; and (c) even though the injured party was prevented from driving the said vehicle while driving the Defendant, the Defendant continued to drive the said vehicle as it is about about 20 to 30 meters and caused the victim to fall on the road floor.

Accordingly, the defendant carried dangerous things with the victim's 4th body and added the body to the victim's string.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The application of Acts and subordinate statutes to a statement on the circumstances of the driver who is placed in the main place, investigation report (report on the situation of the driver who is placed in the main place), notification of the result of regulating the driving of drinking, field photographs, scam scam scam photographs, and investigation report

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) (the point of drinking and the choice of imprisonment), Articles 258-2 (1) and 257 (1) (the point of special injury) of the Criminal Act concerning criminal facts;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the Defendant driving a blood with a very high alcohol concentration, and thereby, caused the risk by itself, and the risk was realized, even though the victim was delivered, the crime is not good.

However, the defendant's mistake was recognized and depthed, and contingent crimes were committed, and the victim of male-child arrest was against the defendant.

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