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(영문) 수원지방법원 성남지원 2018.09.06 2018고단1023
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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

From January 30, 2018 to around 19:00 on the same day, the Defendant: (a) from around 19:10 on January 30, 2018 to around 19:10 on the same day, at the “C” restaurant located in Gyeonggi-nam-si B; (b) in the course of drinking together with the victim D (68 years), there is a dispute with the victim; (c) on the other hand, the Defendant was suffering from a fluor’s disease, which is a dangerous object in the table, on the other hand, on two occasions the left head part of the victim; and (d) the victim suffered injury that “the head head is teared” in the number of days of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

On May 3, 2018, the Defendant, while under the influence of alcohol content of 0.341% in blood at around 15:14 on May 3, 2018, the Defendant driven the E-wing and one ton cargo vehicle from the 1km section in the direction of the Fuju cafeteria cafeteria located in the Hanam-si to the front of the same in the same location.

Summary of Evidence

"2018 Highest 1023"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Evidential photographs of 2018 Colonel 1578;

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home, statement of alcohol during blood, and report on the detection of the driver at home;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Relevant Article 258-2 of the Criminal Act and Article 258-2 of the Criminal Act (1) concerning facts constituting an offense, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking alcohol and the choice of imprisonment);

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 punishment shall be aggravated within the extent that the sum of the long-term punishments of the above two crimes, which are determined for the heavier special injury);

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. In light of the content and method of the crime of special injury on the grounds of sentencing in Article 62-2 of the Criminal Act, the degree of driving alcohol, the criminal records of the defendant's same kind of crime, etc., the nature of the crime and the criminal circumstances are not absolute.

However, the degree of injury of the victim of special injury is relatively serious.

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