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(영문) 창원지방법원 마산지원 2018.08.28 2018고단616
상해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

1. On November 12, 2017, the Defendant, in violation of the Road Traffic Act (drinking) driven a D-do car while under the influence of alcohol leveling 0.171% from the 2km section of approximately 2km to the “C cafeteria” front of the folklore store in the Changwon-si, Changwon-si, Muwon-si to the front road of the “C cafeteria” located in the same Gu B.

2. On November 12, 2017, at around 18:30, the injured Defendant inflicted injury on the street in front of the “C cafeteria” in Changwon-si, Changwon-si, Masan (Seoul, 36 years of age) and on the part of driving, the injured Defendant collected fingers in the victim’s entrance, put them into the victim’s face, put them into the victim’s face, and blicked two times by hand, resulting in the victim’s injury, such as damage to the mouth, which requires approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. E statements;

1. A written diagnosis of E;

1. Application of Acts and subordinate statutes to the detailed statement report and investigation report on the situation of the driver who is placed in the main place;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol and the choice of imprisonment), Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment) concerning criminal facts;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be aggravated within the scope of the sum of the long-term punishments specified for the heavier injury crimes and the above two crimes: Provided, That the lowest sentence shall be determined by the crimes specified for the violation of traffic laws on roads;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;

1. The scope of applicable sentences under the law on each crime in the judgment on the grounds of sentencing Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Education is six months to eight years.

The defendant has been sentenced to punishment for a crime of violating the Road Traffic Act (drinking driving), at least once, and has been sentenced to punishment for violent acts (including interference with the execution of official duties) five times.

In addition, the defendant on June 2017.

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