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(영문) 부산지방법원 2017.09.13 2017고단2402
상해등
Text

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

"2017 Highest 2402"

1. On December 25, 2016, at around 21:10, the injured Defendant: (a) suffered injury from the victim G (77 years old) who was another customer, F, while drinking alcohol together with F, etc. at a restaurant located in Busan, Busan, about 21:10; (b) taken the victim’s body into consideration; (c) taken the victim’s body into consideration; and (d) taken the victim’s face into consideration by placing the victim’s body into a chair; and (d) took the victim’s body part on the part of the victim’s body, etc., the victim suffered injury, such as around 4 weeks, the right-hand eye, the right-hand eye, and the left-hand fel, etc., which require treatment.

Accordingly, the defendant injured the victim.

"2017 Highest 4060"

2. On July 24, 2017, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (dless driving) on the following occasions: (a) around 05:17, the Defendant operated a bicycle without a license for a motor device at approximately 400 meters from the front line of the “quasico” line in the 146th World Cup as the Busan Frank-gu World Cup in Busan, to the front line of the same 167-1 (YOF) as the instant World Cup; (b) without obtaining a bicycle license for a motor device at about 400 meters from the 400-meter section, while under the influence of alcohol concentration of 0.172% among blood alcohol, the Defendant was driving a 124c motor bicycle without a license plate.

Summary of Evidence

"2017 Highest 2402"

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect with respect to F, H and G;

1. Statement made to I by the police;

1. Investigative report (Attachment of a medical certificate of injury) 2017 Highest 4060 ";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to make a statement on the circumstances of drivers at home and report on the circumstances of unlicensed driving;

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of harm), Article 148-2(2), Article 44(1) of the Road Traffic Act (the point of drinking), Article 154 Subparag. 2 and Article 43 of the Road Traffic Act (the point of driving without a license) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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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