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(영문) 서울남부지방법원 2018.08.13 2018고단1481

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

On February 2, 2018, the Defendant operated BV cruise car driving on the high-priced vehicular road located in Yeongdeungpo-gu Seoul Metropolitan Government, and proceeded along three lanes in the direction of Yeongdeungpo-gu Office in the direction of the sub-section, and changed the driving volume of the victim C(30 years old) driving on the two-lanes from the front side to three-lanes in the direction of the sub-section, the Defendant changed the driving volume of the victim C(30 years old) driving on the two-lanes from the front side of the road and caused the change of the victim's motor vehicle to three-lanes, and caused the defect, which is obvious from the date of the above vehicle and accident of the defendant, and passed the above damaged vehicle to the right side of the above damaged vehicle, and then changed the course from the two-lanes to the two-lanes from the upper side of the damaged vehicle to the rear side of the above Defendant's motor vehicle.

As a result, the Defendant, using a dangerous vehicle, inflicted an injury on the victim, such as salt, tensions, etc., requiring approximately two weeks of medical treatment, and at the same time, damaged the damaged vehicle by KRW 1,943,660.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Blue boxes and video CDs;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing repair fees requests and vehicle repair photographs;

1. Articles 258-2 (1), 257 (1), 369 (1), and 366 of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor for the crime of destroying special property in choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures

1. In a situation where the defendant's vehicle was obvious and obvious to conflict with the victim's vehicle, traffic accidents as stated in the facts charged have occurred as the defendant lost his mind in a timely manner, and there was no intention of the defendant to injure or damage property.

2. In light of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court, the determination is made.