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(영문) 청주지방법원 2017.01.20 2016고단1023
상해등
Text

1. Defendant A

(a) The defendant shall be punished by imprisonment for eight months;

(b)Provided, That the above sentence shall be imposed for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On July 15, 2015, Defendant A driven a three-ton truck with alcohol content of 0.074% while under the influence of alcohol to the front parking lot of the military asset outside the same Myeon/Rig-gun in the two thousandthic lives of the two lives of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongbuk-gun on July 15, 2015.

2. Special intimidation Defendant A: (a) around 21:50 on July 15, 2015, at a parking lot in front of the military asset of the Gun, other than the lives of the Chungcheongnam-gun of the Chungcheongnam-do; (b) the victim B (the 41 years of age).

The reason that the police reported "....." is "to die".

“The victim was threatened with a knife, which is a deadly weapon (5 cm in total, 39 cm in length) kept in his own cargo vehicle.

3. On July 15, 2015, the Defendant: (a) around 21:50, at the front parking lot of the military asset outside the Dolsung-gun, Chungcheongnam-gun, Chungcheongnam-do; (b) on the one hand, at the victim G (35 years) face, such as paragraph (1) 1-b, the Defendant brought about an injury to the victim for approximately two weeks of treatment.

Summary of Evidence

1. The respective legal statements of the Defendant and the Defendant B

1. A protocol concerning the examination of the accused by the prosecution (including the substitution of the accused);

1. A protocol concerning the examination of suspect by the police against the accused or B (including questioning of the suspect);

1. Each police statement made to H and G;

1. The application of Acts and subordinate statutes to the records of seizure, list of seized articles, photographs of seized articles, images of the injured party, notification of the results of crackdown on driving under drinking, statement report on the situation of the driver at home and the certificate of injury

1. Relevant legal provisions of the Criminal Act, Articles 257(1), 284, and 283(1) of the Criminal Act concerning facts constituting an offense, and Articles 148-2(2)3 and 44(1) of the Road Traffic Act concerning the choice of punishment (to select imprisonment);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Crimes No. 1 [the scope of recommendations] for the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act, Article 48(1)2, for which no basic area (from June to one year and six months) (the person who is subject to special sentencing) (the scope of recommendations) exists, is one type of general injury (the scope of recommendations).

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