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(영문) 대전지방법원 서산지원 2021.01.27 2020고단1117
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[criminal record] On March 25, 2010, the Defendant was issued a summary order of 2.5 million won as a crime of violating road traffic law at the Seosan Branch of the Daejeon District Court.

[2] On August 26, 2020, the Defendant 1117 of the 2020 senior group 117, the Defendant, on August 26, 2020, at a factory "C" assemblyed in Jin-si B, Jin-si, 19:50, at the victim D ( South, 41 years old) where the average appraisal was good, and at the time, carried out a match with the body of the victim, reported that the victim flicked drinking drinking drinking drinking water, and then the Defendant flick pipe ( approximately 89cm in total, approximately 20cm in thickness, about 20cm in thickness), which is a dangerous thing in which the victim flicked, she purchased the head of the victim at his/her hand.

As a result, the Defendant carried dangerous things with the victim and inflicted bodily injury on the victim, such as an open 2 weeks of treatment, thale, thale, etc.

On September 13, 2020, the Defendant, while under the influence of alcohol content of 0.096% in blood at around 16:55 on September 13, 2020, driven a car at approximately 500 meters from the front road of Jin-si to the front road of Jin-si at Jin-si.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving twice.

Summary of Evidence

[200 Highest 1117]

1. A protocol concerning suspect examination of the police concerning D's legal statement of the defendant;

1. A protocol of seizure and a list of seizure;

1. On-site photographs, death diagnosis certificates, CDs (a CCTV images prefabricated);

1. 쇠 pipes (Evidence 1);

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. On-site photographs (previous records);

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (report accompanied by a summary order of the suspect's previous records);

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of drinking alcohol and the choice of imprisonment);

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. Article 48(1) of the Criminal Act of confiscation.

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