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(영문) 전주지방법원 2020.11.18 2020고단1673
상해등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. On November 25, 2015, the Defendant has been sentenced to a fine of four million won by the Seoul Western District Court for the crime of violating the Road Traffic Act.

Nevertheless, at around 09:25 on May 9, 2020, the Defendant driven a E-e-e-mail vehicle in the state of alcohol alcohol concentration of about 0.252% from the front of the 'C cafeteria' road located in the Yansan-gu, Seoul Metropolitan City, to the front of the D Building in the Yansan-gu, Seoul Metropolitan City.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

2. On May 9, 2020, the injured Defendant: (a) on the ground that the Defendant driven the Defendant’s fstudio in front of the arm’s length of Yancheon-gu, 2020, as described in paragraph (1), was taken by the injured party G (the age of 35). (b) On the part of drinking, the Defendant inflicted an injury on the injured party G, such as dynasium, tension, tension, etc. of the frosium that requires approximately two weeks of treatment on the left side of the injured party G, and continuously inflicted an injury on the injured party H (the south, 25 years of age) by continuously putting the part of the victim H (the hynas) into the left hand, and then pushing the victim H with about two weeks of treatment.

Summary of Evidence

1. Notification of the police's statement concerning H's legal statement G of the defendant, as a result of the influence of drinking and driving;

1. A damaged photograph of each injury diagnosis letter;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, Article 257 (1) of the Criminal Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act - The defendant committed the crime of drinking under the judgment, even though he had the record of drinking under the judgment, and observed it.

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