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(영문) 수원지방법원 여주지원 2018.12.12 2018고단922
상해등
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C (V, 43 years old) were in resistant relations, and the victim D(39 years old) is the birth of C.

1. On April 23, 2018, the injured Defendant: (a) at the F carpet parking lot located in Gwangju-si, Gwangju-si on April 23, 2018; (b) on the grounds that the victim D made the victim’s remarks against the Defendant, the victim’s necked and shakinged the victim’s neck on several occasions on several occasions; and (c) as other descendants, the victim threatened the victim, thereby causing injury to the victim, such as catum dump, which requires approximately two weeks of treatment.

2. It is confirmed that Defendant 1 violated the Road Traffic Act (refluence of drinking), at the same time and place as above paragraph 2 above, Defendant G police officers called to the site after receiving a report 112, and G, H, I, I, and the Defendant holding a driver's seat for a vehicle and smelling in the driver's seat for a vehicle, and four cans for a vehicle are set off on the top floor of the steering seat for the vehicle, and Defendant 2 was under the influence of drinking by Defendant D as a person who suffered damage under paragraph 2 above;

Defendant was driving alcohol, such as making a statement, etc.

The defendant was requested to take a drinking test on several occasions due to considerable reasons to suspect, but the defendant refused to take a drinking test and did not comply with the police officer's request for a drinking test without justifiable reasons.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of crackdown on driving drinking, and field photographs;

1. Photographs of parts of the victim's DNA damage;

1. Visual report (related to suspect vehicle stuffs) and photographic pictures of suspect stuffs on screen pictures;

1. Application of Acts and subordinate statutes to investigation reports (Submission of a written diagnosis of injury to a victim), and written diagnosis of injury;

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Articles 148-2(1)2 and 44(2) of the Road Traffic Act (the point of refusal of measurement of drinking), and the choice of imprisonment for each sentence concerning the crime;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (the scope of the punishment heavier than the one set forth in the most severe injury) of the Criminal Act shall be the sum of the long-term punishments of the above two crimes.

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