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(영문) 광주지방법원 2018.05.25 2018고합139
감금치상등
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 February 7, 2018, the Defendant injured by confinement: (a) around 01:50 on February 7, 2018, the Defendant would not have the victim’s parents related to the Defendant and the victim, unless the Defendant did not leave the Defendant’s wedding Women-Friendly Victim D (V, 25 years of age) before the Defendant’s apartment building C in Gwangju Mine-gu.

The victim caused the victim to leave the E Project and reconcilate the victim, but the victim's refusal to leave the vehicle.

In other words, the said vehicle was driven by driving the said vehicle in a manner that is rapid and rapid to prevent the victim from getting off the vehicle for about 30 minutes.

The Defendant, due to the influence of the head of the State, caused the victim to face the head of the vehicle on the window on the front side of the vehicle driven by the Defendant due to negligence by failing to properly operate the steering direction and the steering system, and caused the victim to face the head of the vehicle on the front side of the vehicle driven by the Defendant.

As a result, the Defendant suffered injury, such as brain-dead, which does not have any two wounds in an open area, which requires approximately two weeks of treatment.

2. While under the influence of alcohol concentration of 0.084% during the blood transfusion of the above day, Defendant 1 driven the above vehicle E in the section of about 20 km from the front of a mutually influence restaurant in the Gwangju mine-gu to the front of the 20km in the glusical plane rido in Jeju-Uan Highway, from the front of the G-Uan Highway-Uan Highway to the front of the 20km road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. A medical certificate;

1. Application of laws and regulations with respect to internal investigation reports (in relation to the application of the above dmark formula)

1. Article 281(1), Article 276(1) (a) of the Criminal Act (the fact of bodily injury caused by confinement) on criminal facts, Articles 148-2(2)3 and 44 of the Road Traffic Act, which are applicable to the pertinent legal provision on criminal facts, the choice of punishment, and the choice of punishment.

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