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(영문) 대전지방법원 2015.04.22 2015고단645
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

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

Reasons

Punishment of the crime

1. The defendant in violation of the Punishment of Violences, etc. Act is a person who serves for the Daejeon Facility Management Corporation located in Daejeon Metropolitan City, X-gu, 326;

After hearing the statement that the victim C, who is a dynamic, would not be promoted because of the defendant, the defendant would not be promoted. On February 3, 2015, around 20:40, the defendant got the victim from the entrance of the Daejeon Yari Elementary School located in the Sung-gu, Daejeon Metropolitan City(Yaeong-gu, Daejeon Metropolitan City). On February 3, 2015, the victim would have taken the victim at the entrance of the Daejeon Yari school. When the victim refused the conversation, the victim could have the victim's head, etc. ( approximately 90cm in length, approximately 5cm in width, about 2ccm in thickness) with the defect in advance, which is a dangerous object.

As a result, the Defendant inflicted bodily injury on the victim, 21 days of treatment.

2. On February 3, 2015, from around 19:00 to around 20:30 of the same day, the Defendant driven D-5 car under the influence of alcohol with a blood alcohol concentration of about 0.079% from the 20km section of Daejeon Metropolitan City from the 106-dong parking lot to the roads in front of the Daejeon Metropolitan City Neong-gu, Daejeon Metropolitan City, the Neong-gu, and the 37-ro, the U.S. Do (U.S.).

Summary of Evidence

[Fact 1]

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis of the injury and a photograph of the damaged part of photograph;

1. Photographs photographs of each item, and photographs of victim C damaged parts (the fact of No. 2 at the time of display);

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of the Acts and subordinate statutes concerning suspect A drinking testing, hair photographing and photographing;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (the occupation of inflicting an injury on carrying a dangerous object), Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the occupation of driving a sound and the choice of imprisonment);

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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