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(영문) 수원지방법원 성남지원 2016.06.10 2016고단237
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On December 26, 2015, the Defendant violated the Road Traffic Act (divated driving) driven a catn vehicle under the influence of alcohol content of about 0.158% in the section of about 5km from the 21:10 on the same day to the 21:10 on the same day.

2. Around December 26, 2015, the Defendant: (a) 12:10 on the road in front of the Southern-si of Gyeonggi-do; (b) the victim D (63) and the victim D (63) had talked about traffic accident handling and attempted to flee after having taken a dangerous object as indicated in paragraph (1), which is an object of concern about the detection of a criminal act of drinking; (c) however, the victim was driving a knife part of the victim’s knife in front of the said knife with his knife; and (d) the victim sustained injury, such as the left-hand knife knife seat, etc., for which two weeks of medical treatment is required.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Application of Acts and subordinate statutes, such as photographs and diagnostic documents by cutting off the field and black stuff images;

1. Relevant legal provisions of the Criminal Act, Articles 258-2(1), 257(1) (a) of the Criminal Act (a point of special injury), Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and the choice of imprisonment, respectively, with labor;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The driving of a vehicle with alcohol content of 0.158% under the influence of alcohol during blood, causes a traffic accident while driving the vehicle, even though the injured person prevents the front of the vehicle to conceal his/her driving under the influence of alcohol, the situation of each of the crimes of this case is very criticized, such as the driving of the vehicle with the victim being pushed ahead of the vehicle, and the progress of each crime of this case is not agreed with the victim;

(a) A favorable normal situation: The fact that confessions and reflects; and

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