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(영문) 대전지방법원 공주지원 2017.01.20 2016고단272
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On January 18, 2008, the Defendant was sentenced to a fine of 2.5 million won due to a violation of road traffic law (driving alcohol) at the Daejeon District Court, and was sentenced to a fine of 2.5 million won due to the same crime in the same court on October 29, 2009. On September 9, 201, the Defendant was sentenced to a suspended sentence of 10 years with prison labor for the same crime in the official state branch of the Daejeon District Court.

[Criminal facts]

1. On June 27, 2016, the Defendant suffered special injury: (a) around 16:35, in the water-stuffed field of the victim D (61 tax) located in Sinju City, and in relation to the water-stuffed plastic work of the water-stuffed dry field, the Defendant came to dispute with the victim as a wage problem with the victim; (b) the Defendant saw the top (20.5m in the blade of the blade) which is a dangerous object in loading the water at the nearby place (20.5m in the blade); and (c) the Defendant discarded the death of the spule.

"In doing so, the above-mentioned side part of the victim's left side side has reached knife once.

As a result, the defendant maintained a dangerous object so that the victim needs to be treated more than 2 weeks by knife and knife.

2. On June 27, 2016, the Defendant was driven under the influence of alcohol content of 0.166% by driving a fVL125cc, which is owned by the Defendant, at the 1km section from the front side of C C to the front side of C in Sejong-si, on June 27, 2016.

Accordingly, the Defendant, who violated the provision of “the prohibition of driving under the influence of alcohol not less than twice” and driven a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Seizure records, list of seizure, notification of the results of crackdown on drinking driving, report on the situation of the driver placed at drinking, inquiry of the results of crackdown on drinking driving, and investigation report (with respect to attachment of a medical certificate of injury);

1. A written diagnosis of injury;

1. On-site photographs and photographs - Seized articles;

1. Previous convictions: A reply to inquiries, such as criminal history, investigation reports (report attached to the same criminal suspect's judgments, etc.) and written judgments;

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