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(영문) 수원지방법원 안양지원 2015.12.17 2015고단1435
상해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On March 13, 2015, the Defendant was sentenced to one year of suspension of execution, etc. in six months of imprisonment with labor for the crime of interference with business, etc. at the Suwon District Court’s Ansan Branch on March 13, 2015, and the judgment became final and conclusive on August 18, 2015. On September 25, 2015, the same court was sentenced to two years of suspension of execution, etc. for eight months of imprisonment with labor for the crime of injury and the crime of insult. The judgment became final and conclusive on October

1. On April 20, 2015, the Defendant: (a) driven a D string car under the influence of alcohol with a blood alcohol concentration of 0.114% at the entrance of the same building from an elevator for vehicles in military arms at Mapo-si on April 17:34, 2015.

2. In the same place as in the preceding paragraph, the injured Defendant: (a) while driving a car at the same time and at the same time at the same time as in the preceding paragraph, caused an contact with the victim E (56) while driving the car; (b) brought about the victim’s face with his head; (c) brought about the victim’s chest by hand; (d) brought about the victim’s face with the victim’s face; and (e) inflicted an injury on the victim, such as dump, tensions, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol regarding E;

1. A copy of the report on the status of the driver, and the report on the status of the driver;

1. Dispatching police officers, investigation reports and investigation reports;

1. A written diagnosis of injury to E;

1. Previous convictions in holding: Foreign crime and investigation experience data inquiry, investigation report (report on the confirmation of any excess fact), application of the statutes on search of Konet case;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that choose the penalty, Article 257 (1) of the Criminal Act and the choice of imprisonment, respectively;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act for probation and community service order.

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