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(영문) 창원지방법원 진주지원 2018.01.30 2017고단1024
특수상해등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of a sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant of “2017 Highest 1024”, on July 19, 2017, the Defendant 101:30 on July 19, 2017, provides that the injured person after drinking alcohol together with the victim E (56 years of age) shall pay the alcohol value to the Defendant.

In addition, the part of the victim's eye was required to teared at one time, and the part of the victim's eye was cut at two times by collecting beer disease, which is a dangerous object in that location, and the part of the victim's eye was cut.

As a result, the defendant carried dangerous things with the victim and put about about two weeks old eyes in need of treatment.

On November 19, 2012, the Defendant was issued a summary order of KRW 3,50,000,000 as a fine for a violation of road traffic law at the Changwon District Court’s branch on November 19, 2012. On October 15, 2015, the Defendant was issued a summary order of KRW 4,50,000 as a fine for the same crime in the Changwon District Court’s Jeju District Court’s Jin branch.

[Criminal facts] On November 12, 2017, the Defendant driven a Fran vehicle from around 110km to around 110km in the south-gu Busan-do-dong, with alcohol level of 0.096% under the influence of alcohol during blood at around 02:55.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate or a copy of medical records;

1. Complaint;

1. Inquiries about the results of crackdown on drinking driving and notification of the results of crackdown on drinking driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (referring to such previous convictions and report);

1. Articles 258-2 (1), 257 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison 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. The reason for sentencing under Article 62-2 of the Criminal Act, the observation of protection and the order of community service order, - unfavorable circumstances:

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