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(영문) 수원지방법원 2019.06.05 2018고단4116

특수상해등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 23, 2018, the Defendant was driving five lanes of the five-lane road at the new quarter of the Gandong of the Ganndong-gu New Highway (Sungdong-gu), Gigi-si, Young-si, Gigi-si, and the victim B (the age of 40) who was driving DFH track cargo vehicle was changing rapidly in the direction of the Defendant.

The Defendant got away from the victim’s cargo vehicle at the entrance of the marina tunnel, which is located in the Magdong-dong-dong-dong-dong-dong-dong-dong-si, in the light of the fact that the victim’s rapid change of the vehicle, even though it was obvious that the accident would occur, and instead, he was able to take care of the victim’s cargo vehicle up to five-lanes, and took a bath. The Defendant was able to take care of the victim’s cargo vehicle at the right side of the victim’s cargo vehicle while threatening the victim by threateninging the victim’s cargo vehicle to four-lanes where the victim’s cargo vehicle was in progress, and received the part above the victim’s cargo vehicle at the right side of the towing vehicle.

As a result, the Defendant, carrying dangerous objects, assaults the victim, and at the same time, damaged the above cargo vehicle to be repaired in KRW 8,115,217, such as the exchange of coponers.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A traffic accident report (1), a traffic accident report (2), and a traffic accident occurrence report;

1. A photograph of an accident vehicle;

1. Each comparison with the enemy;

1. Blue boxes and video CDs of damaged vehicles;

1. Written estimate;

1. Photographs of damaged vehicles;

1. Application of Acts and subordinate statutes to the report on traffic accidents;

1. Articles 261, 260 (1) (a) and 369 (1) and 366 (a) of the Criminal Act concerning facts constituting an offense;

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

1. Selection of a selective fine (in addition to punishment for one time by confession, reflect, and fine, considering that there exists no past record of criminal punishment, in addition to punishment);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;