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(영문) 인천지방법원 2018.01.11 2017고단7370
특수상해
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. In front of an elementary school located at the Bupyeong-gu, Incheon on September 18, 2017, the Defendant: (a) brought an injury to the victim B (35 tax) on September 18, 2017, at around 130, the Defendant: (b) sent the Defendant head one time to the Defendant’s driver; (c) caused the Defendant’s head to a small-scale person who was in danger of having a dispute with the Defendant on the telephone due to the delayed payment of the Plaintiff’s siren expenses; and (d) caused the Defendant’s face and chest by drinking against this, and caused an injury to which it is impossible to know the victim’s face and chest during the several medical treatment period.

2. The Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a fine of one million won or more as a fine of one million won or more for a violation of the Road Traffic Act at the Incheon District Court on January 23, 2007, and a fine of 1.5 million won or more for the same crime at the same court on November 10, 2008.

On October 26, 2017, the Defendant driven CK5 vehicle at approximately 150 meters in the section of 150 meters prior to Korea, while under the influence of alcohol content of 0.131% in blood at around 0.26:19, the Defendant driven CK5 vehicle at around 195 meters in the vicinity of the Cheongcheon-ro, Bupyeong-gu, Incheon Metropolitan City.

Summary of Evidence

[2017 Highest 7370]

1. The respective legal statements of the defendant and the joint defendant B

1. On-site photographs and CCTV images (2017 Go group 9361);

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. (A) the application of a reply to inquiry, such as criminal history, and a copy of the summary order;

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

1. Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In the case of the crime of injury on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, there are no circumstances to consider the circumstances leading to the crime.

In the case of a violation of road traffic law (drinking driving), the defendant has already been involved.

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