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(영문) 대전지방법원 서산지원 2017.05.19 2017고단130
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

"2017 Highest 186"

1. On February 8, 2017, the Defendant sought to set up two saws from D office located in Jin-si, Jin-si, D office around 16:00 on February 8, 2017, the Defendant sought to set up two saws from the victim E ( South, 47 years old), but only one of the saws intends to set one saws.

on the other hand, the defendant will be dismissed.

the defendant, the defendant did not have saws.

In the process of misunderstanding the victim's face, the victim's face was exposed to two times, and the victim's face was exposed to the victim's injury requiring six weeks' treatment.

"2017 Highest 130"

2. On February 21, 2017, around 14:10, the Defendant driven a F-wing truck without obtaining a driver’s license in approximately 2 km section from the 1st, Jin-si, Jin-si, Jin-si, the 3rd, Jin-si, Seoul, to the front road at the same time, the 1st, Jin-si, Jin-si, the joint of which was located.

Summary of Evidence

"2017 Highest 130"

1. Statement by the defendant in court;

1. Report on the circumstances of operating a non-license, inquiry into the main office, and the register of driver's licenses "2017 Senior 186";

1. Partial statement of the defendant;

1. The protocol of suspect interrogation of each police officer regarding E;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to photographs, injury diagnosis certificates (record 36 pages), such as the scene of the case;

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act, Article 152 Subparag. 1 and 43 of the Road Traffic Act, and the choice of imprisonment with prison labor for the crime;

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. As to the Defendant’s assertion under Article 62(1) of the Act on the Suspension of Execution, the Defendant asserts that the Defendant’s act constitutes a legitimate defense, since, in relation to the crime of injury, the Defendant unilaterally exercised physical power against the Defendant, the Defendant’s use of arms to deviate from this situation and became fit for the victim’s face.

In this regard, the legitimate defense stipulated in Article 21 of the Criminal Code is self.

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