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(영문) 수원지방법원 여주지원 2015.12.07 2015고단965
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and 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

Punishment of the crime

1. On September 12, 2015, the Defendant violated the Road Traffic Act and the Guarantee of Automobile Accident Compensation Act: (a) drive a tri-wheeled diabane, which was not covered by a mandatory insurance without registration, on the 3km section of approximately 0.171% under the influence of alcohol, from the pilingway located in the Duncheon-si, Mancheon-si, Mancheon-si, to the lower end of the Dong-dong Highway bridge in the same 910 square meters.

2. The Defendant violated the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.) said that the victim C (the age of 57), etc., who was a worker who installed a bridge and drainage pipe, has dumped waste at the same time under the Young-dong Highway B, etc. (the age of 57) at the time and time set forth in paragraph (1) of this Article, said that the victim would be "fluoring garbage". However, as the victim neglected this, the victim, who was a dangerous article that was loaded on the ground that he did not neglect it, laid down a part of an industrial knife (the knif length: approximately 15cm, approximately 2-3cm: one left part of the victim's shoulder.

As a result, the defendant carried dangerous objects and carried them with the left shoulder where the days of treatment can not be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A report on detection of a drinking driver, a circumstantial report on a drinking driver, and a report on the circumstances of a drinking driving;

1. Field, photographs of damage, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (as to notification of an unregistered vehicle);

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257 (1) of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking and the point of imprisonment with labor), Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating non-insurance vehicles, the choice of imprisonment with labor);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The Criminal Act, the suspension of execution;

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