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(영문) 인천지방법원 부천지원 2016.09.23 2016고단1918
특수상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

1. On June 28, 2016, the Defendant, at around 05:00, was unable to conduct the test of the victim E (27 taxes) in the vicinity of the D Marart in Kimpo-si, Kimpo-si, and was in a knife (33 cm in total length, 21.5 cm in length, 21.5 cm in length), which is a dangerous object in the victim’s vehicle and was in the custody of his/her own vehicle, while she was in a knife with the victim’s knife and knife and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

2. On June 28, 2016, the Defendant: (a) driven a Glearning car under the influence of alcohol content of about 0.093% at the same 14 Km section from the street in front of Kimpo-ro, Kimpo-si, Kimpo-si, Kim Jong-si, to about 8:378-ro, Kimpo-si, Kimpo, Kimpo-si; and (b) he driven a Glearning car under the influence of alcohol content of about 0.093% at the same 14 Km section.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written opinion (Evidence, 65 pages, 66 pages), relevant photographs, and photographs of each case;

1. A protocol of seizure and a list of seizure;

1. Investigation report (in the case of a suspect's drinking driving), investigation report (in the case of an official application of the aforementioned dmark);

1. Application of Acts and subordinate statutes to a report on detection of drivers;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1) and 257 (1) of the Criminal Act (a point of special injury) concerning facts constituting an offense, and Article 148-2 (2) 3 of the Road Traffic Act (a point of drinking and a choice of imprisonment with labor);

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following normal consideration):

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The conditions under Article 48(1)1 of the Criminal Act of confiscation and other conditions under the reason for sentencing shall be determined by the same sentence as the order, taking into consideration all the circumstances shown in the records and arguments of this case, such as the defendant's age, sex and environment, and conditions before and after the crime.

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