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(영문) 인천지방법원 부천지원 2021.01.14 2020고정161

특수폭행등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle in B, Er. B, Er. B.

Around 15:53 on October 5, 2019, the Defendant driven the said car and driven the road along the two-lanes in front of the Marndo in front of the Marndo in the city of Kimpo-si, Kimpo-si, Kimpo-si. On the ground that the injured party C (66 years) driven the D truck while driving the freight, he was overtakened by the injured party on the right side of the injured party who changed the vehicle from the first lane to the second lane, and then, he was driven by the barc in the middle of the first lane and the second lane so that the injured party shocked the back of the Defendant’s passenger vehicle to the back end of the 850,000 won for the repair of the injured party’s freight.

As a result, the defendant assaulted the victim by using a dangerous object, and at the same time damaged the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by the police for E;

1. Results of appraisal by the National Scientific Investigative Institute;

1. A survey report on actual conditions;

1. Written estimate;

1. Videos of the accident (the defendant and defense counsel have stopped only in order to control the accident with the damaged vehicle immediately before the accident occurred, and they did not have the intention of assault and damage;

The argument is asserted.

The evidence reveals that ① before the occurrence of the instant accident (the time limit indicated in the black image 08:01:53): (a) the victim was driven around the Defendant’s vehicle in front of the Defendant’s vehicle after the rapid change of the passenger car, immediately before (08:12:15): (b) the Defendant was forced to enter the underground vehicular road, which is a two-lane (08:12:15): (c) the vehicle was at the time of the occurrence of a sudden contact (hereinafter “the primary accident”); (d) the vehicle speed of the Defendant was about 115 km/h (the L-N portion of the National Scientific Investigation Research Institute). (b) the Defendant was driving the vehicle by entering the underground vehicular road after the occurrence of the primary accident, and stopped the vehicle on the one-lane and the two-lane road; and (e) the Defendant stopped the vehicle on the one-lane and the two-lane vehicle.