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(영문) 대전지방법원 서산지원 2017.10.10 2017고단75

특수상해등

Text

1. The punishment of the accused shall be one year;

2.Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

피고인은 2016. 6. 28. 12:00 경 C 포터 화물차를 운전하여 당 진시 반촌로 5-15에 있는 당 진종합병원 앞 도로를 현대아파트 쪽에서 송악 읍사무소 쪽으로 편도 2 차로 중 2 차로를 따라 시속 약 30km 의 속도로 진행 중, 같은 방면으로 1 차로를 따라 피고인 차량 뒤에서 D 카 렌스 승용차를 운전하던 피해자 E가 자신에게 경적을 울렸다는 이유로 화가 나, 열린 운전석 쪽 창문을 통해 피해자 E를 향해 “ 왜 빵빵 대느냐

“A large interest rate” refers to a direction-setting direction, etc., and he/she intentionally saw the victim's vehicle in front of the victim's vehicle, and thereafter he/she saw it.

Therefore, the victim E did not avoid the vehicle of the accused, but did not get out of the vehicle of the accused, and was loaded with the vehicle of the accused in front of the right part of the vehicle of the victim.

As a result, the Defendant, using a dangerous object vehicle, inflicted an injury on the victim F (F, 28 years old), who is the denial of the victim's moving to the victim's vehicle, about 4 weeks of medical treatment, and at the same time, damaged the victim's car car, which is the victim E, to repair KRW 57,896.

Summary of Evidence

1. Each legal statement of witness E, F and G;

1. On-site photographs;

1. A car inspection report and a medical certificate [a lawyer and the defendant are denied the charges, but in light of the reasonableness of the witness's testimony, the attitude of testimony, and the relationship between other evidences, etc., criminal facts can be found based on the above evidence, and thus, a defense counsel and the defendant's assertion should not be accepted.]

Application of Statutes

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

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the scope of recommending punishment), habitually, and special damage to repeated crimes.