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(영문) 대전지방법원 2016.01.08 2015고단3354
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 11, 2014, the Defendant was sentenced to a suspended sentence of two years for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at Daejeon District Court on June 11, 201 and the said judgment became final and conclusive on June 19, 2014.

On August 16, 2015, the Defendant: (a) was working prior to the victim E (V) in front of the convenience store located in Seo-gu Daejeon Daejeon, Daejeon, on August 16, 2015; and (b) was working prior to the victim E (V).

The term of f's substitute driver's f's f's f's f's f's f's f's f's f's f's f's f's f's f's f's f's f's f's f's f's f's f's face of the victim was

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. It is true that there are favorable circumstances such as the legal provisions applicable to criminal facts, Article 257(1) of the Criminal Act regarding the selection of punishment, the reason [the scope of recommendation] for sentencing of punishment of imprisonment [the scope of general injury], the special mitigation area (one month to one year) / [the victim] where there is considerable responsibility for the occurrence of crime or the expansion of damage to the victim, the victim is not subject to punishment [the decision of sentence], the confession and reflect of the defendant, the victim also has a mutual fighting, such as the price of face of the defendant, and the victim does not want punishment against the defendant.

However, considering the fact that the degree of injury suffered by the victim is very significant, the defendant has received a fine three times for the same kind of crime in the past, and the crime caused by drinking (including drinking and traffic accidents, etc.) continues to exist, and the possibility of recidivism is high, such as failing to refrain from drinking even though he/she is under suspension of execution.

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