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(영문) 울산지방법원 2018.03.22 2018고단78

특수상해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On October 29, 2017, the Defendant: (a) was driving a motor vehicle of 2 Abdo, which is a dangerous object in the first lane in front of the Hyundai Industries Marine Business Department, located in Ulsan-dong, Ulsan-gu, U.S., U.S., a defensive circulation road of 400 lanes; (b) while driving a motor vehicle of 2 Abdo, which is a dangerous object in front of the Hyundai Heavy Industries Marine Business Department, at a low speed from the port of Hyundai America, the Defendant said that the victim C(29 years old) driving the motor vehicle driving along the same lane in the front port of Hyundai America, would turn on the direction for changing the way to the right side of the motor vehicle; and (c) tried to overtake the motor vehicle after changing the way to the two lanes to the direction for changing the way of the victim C(29 years old) driving the motor vehicle; and (d) tried to have the victim drive the motor vehicle by driving the motor vehicle in front of the victim.

As a result, the Defendant carried dangerous things with the victim, thereby causing injuries to salt, tensions, etc. in need of treatment for about two weeks, and at the same time damaged the victim's property to the extent that the repair cost of KRW 879,800, such as Lart exchange, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes governing accident occurrence reports, photographs, diagnostic statements, estimates, traffic accident analysis statements, and accident video CDs;

1. Articles 258-2 (1), 257 (1), 369 (1), and 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., reflectiveness, beginning crimes, agreement, etc);

1. Article 62-2 (1) of the Criminal Act concerning community service and order to attend lectures;