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(영문) 대전지방법원 서산지원 2014.05.08 2014고단27
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

A knive knife (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

1. Around 18:50 on December 27, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury by deadly weapons, etc.), while driving a Dapp car on the road near the Downed Oil Station located in Jinjin-si, the Defendant: (a) driven by the victim F (50 years of age) who was driving before the direction of the driving of the Defendant while stopping the G tourist bus while blocking the direction of the driving of the vehicle; (b) obstructed the direction of the driving of the vehicle while driving the G tourist bus, and (c) caused a dispute with the victim by blocking the front of the above tourist bus while getting off of the vehicle with the Defendant and getting out of the vehicle while getting out of the vehicle, taken a mountain blade (25 cm in length, 14 cm in length) such as dangerous goods kept in the vehicle of the Defendant, and carried out a mountain knife with the victim’s left part of the buckbuck in mountain blade one time, and became a kniff.

As a result, the defendant carried dangerous articles and inflicted an injury on the victim, such as trauma and scarcity, which is open within the right scarcity in need of treatment for about six weeks.

2. On December 27, 2013, the Defendant driven the said EM vehicle under the influence of alcohol content of about 0.153% in the section of about 7.1 KH apartment at approximately 103 km, where the Defendant was under the influence of alcohol at around 18:35, the Defendant was under the influence of alcohol for about 0.153% in the direction of the 7.1 KM, the Defendant’s residence, through the site from the route in front of the hospital of Korea, which was located in the 267-1 movement.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Report on detection of a host driver;

1. Records of seizure and the list of seizure;

1. Investigation report (measurement of a suspect's drinking alcohol and calculation of the application of the values of infertility to drinking);

1. On-site photographs and seized objects;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the crime (the occupation of drinking and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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