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(영문) 대전지방법원 천안지원 2012.04.12 2011고정1110
상해
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,500,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On August 9, 201, at around 21:20, Defendant A, while engaging in a dispute with the victim B (the age of 42) on the road in the Asia-si, Asan City, Do Do Do Do Do Do Do Do Do Do Do Do Do , the Defendant Do Do Do 5-6 drinking Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do ma, and the Defendant Do Do Do Do Do d

2. Defendant B

A. In the date, time, place, etc. mentioned in paragraph (1), the injured Defendant brought a dispute with the injured party A (the age of 47) and brought about a drinking part of the injured party’s head right-hand right-hand part. The injured party taken up the right-hand 28 days to the right-hand part of the victim’s head, and led the injured party to put up the 28-day left-hand part of the 28-day medical treatment.

B. On August 29, 201, the Defendant was under the influence of alcohol at approximately 200 meters from the ASEAN E apartment parking lot in Busan City to the front road of F A, and at least 0.054% of the blood alcohol concentration, the Defendant driven a 49c bitiotetoba in the state of under the influence of alcohol at approximately 200 meters.

Summary of Evidence

1. Statement made by the defendant A in the first trial record;

1. Partial statements in the first and second trial records;

1. The statement made by a witness A in the third protocol of trial (with respect to the defendant B);

1. Each injury diagnosis letter;

1. Each reply letter;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of the Investigation Report (Application of Badmark);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 257(1) of the Criminal Act;

B. Defendant B: Article 257(1) of the Criminal Act (the point of injury), Articles 148-2 subparag. 1 and 44(1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201); the selection of each fine for negligence

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

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. As to the assertion of Defendant B (hereinafter referred to as “Defendant” in this part) of Article 334(1) of the Criminal Procedure Act, the Defendant unilaterally assaults the victim.

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