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(영문) 수원지방법원 2017.05.16 2016고단6182
특수상해등
Text

A defendant shall be punished by imprisonment for six 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 2, 2016, the Defendant was under the influence of liquor around 16:00, while driving a c bargaining car and driving it on the front road in front of the Suwon-gu, Suwon-si, the victim E (54 tax) followed the F Spow car, which was driven by the victim E (54) to the front part of the driver’s vehicle.

Therefore, the injured party's getting off from the string car and demanded the defendant to get off the string car from the vehicle, and the defendant tried to flee to conceal the drinking in order to conceal the fact of drinking.

Although the Defendant: (a) was able to bring a hand into a window opened by the driver’s seat; (b) the Defendant, while driving a fright car, led the victim who was unfured from the body of the U.S. to 30 meters away from the body of the U.S., and led the victim to go beyond the ground.

Accordingly, the defendant used a car, which is a dangerous object, to use the victim's car for about two weeks of treatment.

2. On June 2, 2016, the Defendant was under the influence of alcohol concentration of 0.116% in blood at around 16:00, the Defendant driven a Clearning car at approximately four km from the Do in front of the Suwon-si G in Suwon-si, Suwon-si to the 1252, in a state of alcohol leveling around 0.16% in alcohol level.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Notification of the results of regulating drinking driving;

1. The actual investigation report on traffic accidents;

1. A investigative report (CCTV image) and a CCTV image photograph;

1. Image CCTVs in accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act concerning facts constituting an offense, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment);

1. Article 37 (former part), Article 38 (1) 2, and Article 50 (Aggravated Punishment) of the Criminal Act for the Aggravation of Concurrent Crimes (the term of the above two crimes), Article 38 (1) 2, and Article 50) of the same Act.

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