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(영문) 부산지방법원 동부지원 2017.06.28 2017고단696

특수상해등

Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On January 6, 2017, at C25 tons, the Defendant driven a bitr vehicle at C 14:30, and driven a road near the new ferry wharf in the south-gu Busan Metropolitan City from the direction of the speed to the speed of the road. On the road narrow, the E bitr vehicle driven by the victim D ( South, 34 years old) entered the said section first than the Defendant’s vehicle. However, while driving along the three-lanes, the Defendant driven the Defendant’s vehicle by even adding the victim’s vehicle behind the victim’s vehicle running along the four-lanes, and shocked the part of the Defendant’s container with the victim’s side.

The Defendant, using a motor vehicle, which is a dangerous object, suffered injury to the victim, such as dump, tensions, etc. in need of approximately two weeks of medical treatment, and at the same time, damaged the truck owned by the victim’s algomatics to the extent that the sum amounting to KRW 1,301,410, the repair cost was exceeded.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made with D;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 258-2 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 369 (1) and Article 366 of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the agreement with the victim and the recognition of his/her mistake);