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(영문) 대전지방법원 2018.05.24 2018고단852
상해
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 11, 2017, at the bus stops in the Dong-gu Daejeon Central Market, the Defendant 17:40: (a) was under the influence of alcohol on D buses operated by the injured party C (the South and the North 43 years old); (b) was under the influence of alcohol on D buses operated by the injured party C; and (c) the injured party temporarily stopped the buses in front of the bus stops in the Dong-gu Daejeon Daejeon-gu, Daejeon Metropolitan City, about 448; and (d) was under the influence of the Defendant, who stopped at the bus stops in front of the bus stops in the main apartment bus stops; (d) was able to refrain from the following bath; and (e) the injured party was able to take the stairs to board the bus in front of the bus, and (e) was able to have the injured party go beyond two tightly with his hand, thereby taking the injured party under the influence of supervision and supervision over the bus.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

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

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] General Injury [the scope of recommended punishment] / [the person subject to special mitigation] in the mitigated area (two months to one year) / [the person subject to special mitigation] in the bus in operation [the sentence] / The crime is not good, and the crime is not easy to be committed in that it assaults the bus engineer who prevents it, and it is four times the number of injury, the obstruction of the performance of official duties, and the obstruction of duties.

However, the sentencing conditions shown in the records, such as the defendant's age, sex, environment, etc. are against the error, and the sentence shall be determined as ordered.

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