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(영문) 춘천지방법원 강릉지원 2014.07.17 2014고단499
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. Around 18:40 on March 2, 2014, the Defendant driven a C Poter Cargo Vehicle under the influence of alcohol content of about 2 km from approximately 0.172% to the road in front of the mutually influent restaurant located in Gangseo-si, Gangnam-si, to the “stringing gas station” located in the Gangseo-si red-dong.

2. Violation of the Punishment of Violences, etc. Act (injury by Group, Deadly Weapons, etc.), the Defendant, at the time and place specified in paragraph (1) of the same Article, was under the influence of alcohol and changed the car line to two lanes for the passenger car driven by the victim D (the age of 56) while driving the said bus along one lane.

이에 피해자가 라이트를 깜빡이며 따라가자, 피고인은 ‘기분 좋은 주유소’ 앞 도로에 위 포터 화물차량을 정차하였다.

The victim demanded his identity and identification card to the defendant, and there is a defect in intending to affix the front number plate of the cargo vehicle above the mobile camera, and the defendant who caused this defect is driving the above cargo vehicle, which is a dangerous article, and driving the victim towards the victim, thereby allowing the victim to go over the back, and knee of the victim's right knee in the front of the cargo vehicle above the victim.

Afterward, the defendant stopped the above cargo vehicle in front of 10 meters from the front side of the vehicle, and then he saw the victim about once the back part of the victim's head due to drinking.

As a result, the defendant got knee knee in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E and D;

1. Report on the circumstances of a driving under the influence of alcohol and report on the result of regulating drinking;

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

1. Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act as to the crime, Article 2(1)3 of the Criminal Act, and Article 257 of the Criminal Act;

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