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(영문) 대전지방법원 홍성지원 2017.07.19 2017고단259
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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 December 24, 2016, the Defendant agreed to talk with B, under the influence of alcohol, at the same place, on the ground that the victim B, who was interested in ordinary interest in the road 2,000-distance prior to the 2,000 Taenam Budget-gun, had a different male, on the ground that the victim B, who was in the interest of ordinary interest, had a different male.

While the Defendant was parked at the above place where C 1 ton cargo vehicles were loaded and parked, the Defendant stopped D Maz Motor Vehicles operated by the injured party in the future, and received the back portion of the said cargo vehicle on which the victim was aboard, which is a dangerous object on the Defendant’s thought that it was hot to the injured party.

As a result, the Defendant carried dangerous things and inflicted injury on the victim B, such as salt, tensions, etc., on the victim E and F, who are the passengers of the above victim vehicle, on the part of the victim E and F, for about two weeks of medical treatment, respectively.

2. On December 24, 2016, the Defendant was driving C 1 ton, while under the influence of alcohol content of about 1 0.142% in alcohol without a driver’s license, at a section of about 1 km from the front side of “cafeteria” to the front side of the 2,000 west-gu Seoul Metropolitan City, Chungcheongnam-gu, Seoul Metropolitan Government, through a road on the front side of the 2,000 west-do in the same face, as long as the Defendant is in the front side of the west-gu, the Defendant was under the influence of alcohol content of 0.142% in blood without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. The application of Acts and subordinate statutes to the traffic accident report, the ledger of driver's licenses, the report on detection of the driver with the primary driver, the report on the circumstances of the driver with the primary driver, and the medical certificate;

1. Articles 258-2(1), 257(1) (a) and 257(2) and 148-2(2)2 and 44(1) of the Road Traffic Act concerning criminal facts, and Article 152 of the Road Traffic Act.

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