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(영문) 부산지방법원 2014.09.29 2014고단2446
상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Power] On November 22, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) at the Busan District Court on November 22, 2012, and completed the execution of the sentence in the Busan Correctional Institution on June 8, 2013.

【Criminal Facts】

1. On February 12, 2014, around 15:05, the Defendant injured the victim E (the 54-year-old) who is a taxi engineer in front of the D restaurant located in Busan-gu Busan-gu, on the ground that the Defendant reported the Defendant to the police on the drinking operation, and caused the victim’s face by drinking, and caused the victim’s injury, such as the left-hand boom, which requires approximately two weeks of medical treatment.

2. Around 14:45 on February 12, 2014, the Defendant was driving a f1 ton truck under the influence of alcohol with a blood alcohol concentration of about 0.066% without obtaining a driver’s license in the section of about 1km from the front of the main line of sound sea located in the city of Busan which is located in the city of Busan to the main line of Busan which is located in the city of Busan which is located in the city of Jin-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Assist photographs of the damaged party, reports on the actions taken against the driver, and driver's license inquiry;

1. A medical certificate;

1. Previous convictions indicated in judgment: Criminal records, previous records and results of confirmation of dispositions, and application of Acts and subordinate statutes to the status of personal identification and confinement;

1. Relevant statutory provisions of Article 257 (1) of the Criminal Act, Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the choice of imprisonment for each crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 35 of the Criminal Act among repeated crimes;

1. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are often divided and reflected in the defendant's mistake, but it does not reach an agreement with the victim, the defendant committed the crime of injury of the same kind during the period of repeated crime, and the defendant was identical to the defendant.

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