beta
(영문) 대구지방법원 2020.10.15 2020고단3491

특수상해

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 08:10 on June 10, 2020, the Defendant, as a neighboring resident, operated D1 ton cargo vehicles in front of the C container in Daegu Suwon-gu, Daegu-gu, where dispute arose as a matter of traffic in Pyeongtaek land, he was injured by the victim E (the age of 67) by driving the said cargo vehicle in front of the said cargo vehicle, which is a dangerous object for the prevention of traffic and the prohibition of traffic. The Defendant got the victim from driving the said cargo vehicle, which is a dangerous object for the prohibition of traffic, by driving the said cargo vehicle, while driving the vehicle, and driving the victim with approximately 10 meters away from the said cargo vehicle, and suffered injury, such as salt, tension, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of photographic Acts and subordinate statutes to a criminal investigation report (verification and attachment of CCTV image data for crime prevention);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in consideration of various sentencing conditions as shown in the records and arguments, such as the following circumstances and age, character and conduct, home environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The responsibility of the crime is heavy since the defendant brought about a dangerous situation, such as the defendant's receipt of victims of vehicular traffic and driving the victims in the same way.

The favorable circumstances: The crime is recognized.

It is not that the speed has been granted.

The injury suffered by the victim is relatively minor.

The agreement was reached with the victim.