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(영문) 의정부지방법원 2016.01.25 2015고단2624
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2015 Highest 2624] The Defendant was driving a motor vehicle on April 1, 2013, 2014, which was passing through a 208 front direction of the 208 west-si, Gyeonggi-si, Gyeonggi-do.

C In the course of misunderstanding that C had expressed the Defendant’s desire to do so, the victim D, who was the driver of the above C, who was the Defendant, was faced with the bridge of the victim D(32 tax) and the victim got the head on the floor, thereby leading the victim D to undergo approximately six weeks medical treatment.

Accordingly, the defendant injured the victim D.

[2015 Highest 5004] On December 3, 2015, the Defendant driven a rocketing car under the influence of alcohol content of approximately 0.149% from approximately 150 meters to about 33 4 farmers Maw-ro, as it is from the shooting distance of a bridge in the Gugri-si, Sigri-si, Sigri-si, Sigri-si, Sigri-si, around 22:35, 2015.

Summary of Evidence

[2015 Highest 2624]

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Each police statement made to C, D, G, and H;

1. A medical certificate (2015 high group 5004);

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking, a report on the situation of the driver of drinking, and a report on the detection of the driver;

1. Application of the statutes of the response request for appraisal;

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of harm), Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of driving alcohol) of the Road Traffic Act, and the choice of imprisonment for each type of crime;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the order to provide community service and attend lectures is that the defendant committed each of the crimes of this case even before the instant case, even though he had been punished by violence or drinking, and the degree of injury suffered by the victim D due to the crime of the 2015 High Order 2624, etc., it is reasonable to strictly punish the defendant by imprisonment.

However, the defendant is all guilty.

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