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(영문) 서울남부지방법원 2018.10.30 2018고단4680
상해등
Text

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

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

Reasons

Punishment of the crime

1. In around 12:45 on September 7, 2018, the injured Defendant suffered injury to the victim E (e.g., the victim E (e., the age of 57) who was drunkly in Geumcheon-gu Seoul Metropolitan Government, and the victim E (e.g., the age of 57) who was under the influence of alcohol and brought about disputes with the victim over the floor by pushing the victim with a brud hand, and then booming the victim's face by drinking, and she was off the victim's face by drinking, and she was off the victim's her own flab with her own flad, and her flab. so, the victim's flab was feld with her part of the victim's body at several times, and

2. On September 7, 2018, the Defendant: (a) operated a motor vehicle with the victim who was unemployed at the aforementioned place on the top of the F-Aburged vehicle, and arrived at the Helel parking lot located in Geumcheon-gu Seoul, Geumcheon-gu; (b) placed the victim under confinement by forcing him/her to leave the front door from the inside of the heatr vehicle, and by preventing him/her from getting out of the motor vehicle by not later than 14:20 on the same day, such as preventing him/her from getting out of the motor vehicle due to a defect in which the victim intends to continuously open the front door, and preventing him/her from getting out of the motor vehicle.

3. Around September 14:20, 2018, the Defendant was driving a f-hurbed vehicle under the influence of alcohol with approximately 500 meters alcohol concentration 0.134% from the 50-meter section from the DNA telecom, located in Geumcheon-gu Seoul Metropolitan Government, to the Helher road located in Geumcheon-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Statement on the circumstances of the driver involved in driving, the current status of measurement of drinking, and report on the detection of the driver involved in driving;

1. CCTV images;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 (1) of the Criminal Act (the point of injury), Article 276 (1) of the Criminal Act (the point of confinement) concerning the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving alcohol) concerning the crime;

1. Selection of imprisonment with prison labor chosen;

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. Suspension of execution;

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