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(영문) 대구지방법원 2018.07.13 2018고단1387

특수상해등

Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant is a person driving CMW vehicles.

Around 09:45 on December 9, 2017, the Defendant, while driving the said BMW vehicle and driving the front road of Daegu Nam-gu D along the five-lane road in the middle East-gu as a four-lane-based four-lane-distance flooded area in the middle intersection, the Defendant, on the ground that the FFex driver of the victim E (61) attempted to change the course in his/her future, was in the water level of the BM vehicle and operated the CM vehicle intentionally, and then, he/she was able to change his/her course in the future.

Therefore, the victim E was faced with the collision with the above BMW vehicle by rapid operation of Bosch Rexroth vehicle, but the H K5 vehicle of the victim G (39 S) driving followed by the following, did not stop even though the HK5 vehicle was rapidly operated, and received the part of the front part of the K5 vehicle as the front part of the K5 vehicle.

As a result, the Defendant, using a dangerous vehicle, caused the injury to the victim E and his passenger, who is the driver of fex vehicle, and the victim I (84) of the passenger, by causing about two weeks of medical treatment, such as the damage of the two strings that require two-day medical treatment, and caused the injury to the victim G, who is the driver of K5, such as salt, tensions, etc., which require approximately two weeks of medical treatment, and at the same time, damaged the above fex vehicle to take 11,678,865 won in repairing the said fex vehicle, and damaged the above f5 vehicle by causing the damage to the repair cost of the fex vehicle.

Accordingly, the defendant carried dangerous articles and inflicted an injury on the victims, and damaged the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Investigation report (Submission of a certificate of diagnosis by the driver of the victimized vehicle and the same passenger), investigation report (report on submission of a medical certificate submitted to the suspect G and a written estimate for repair of the vehicle);

1. Written estimate;

1. Application of Acts and subordinate statutes to a report on the scene of an accident, a survey report on actual condition, and an investigation report (verification of cream records of damaged vehicles);

1. Articles 258-2(1) and 257(1) (a) of the Criminal Act as to the facts constituting an offense, and Article 369(1) of the Criminal Act.