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(영문) 의정부지방법원 고양지원 2017.01.19 2016고단3512

특수상해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

1. On June 28, 2016, the Defendant was following the Defendant: (a) driving a motor vehicle of the last body in C at around 21:32 on June 28, 2016 without obtaining a driver’s license; and (b) driving the motor vehicle of the last body D in Soyang-gu, Seoyangyang-gu; (c) driving the motor vehicle along the motor vehicle of the third-lane road in front of the oil station in Seoyang-gu, Seoyang-gu; and

12 During the 112 patrols, the vehicle was parked and the vehicle was driven on the right side of the Gpoter Cargo, which was driven by the victim F.(59 years old) who was standing in the signal waiting at the front end, despite the lack of space for the Defendant to pass by the last passenger car due to the vehicle's stopping at the front end, and the vehicle was driven on the front part of the said vehicle. The vehicle was driven on the right side of the Gpoter freight driven by the victim H (the 42 years old), who was standing at the same time.

Ultimately, the Defendant driving a car as above, thereby causing injury to the victim F and the victim H, each of which requires approximately two weeks of treatment, such as salt pans, tensions, and so on. At the same time, the Defendant damaged the above Posing-in cargo vehicle to repair KRW 1,88,126, and KRW 438,360, respectively.

2. The Defendant, who violated the Road Traffic Act (unlicensed Driving), was driving the C C-W first car without obtaining a driver's license in the date and place set forth in the above paragraph (a).

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (on-site investigation report);

1. Field map of a traffic accident;

1. Application of each written diagnosis and written estimate under the Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a) and 257 of the Criminal Act (a point of special injury), Articles 369 (1), 366 of the Criminal Act (a point of special property damage, a choice of imprisonment with prison labor), and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (a non-licensed driving point, a choice of imprisonment with prison labor) concerning facts constituting an offense;

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