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(영문) 수원지방법원 성남지원 2017.05.24 2017고단312

특수상해등

Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who is engaged in driving a Switzerland car.

On December 23, 2016, the Defendant driven the above car at around 00:04, while driving it on a three-lane road in front of Sungnam-si, Sungnam-si, Seoul, and driving it to the direction from the long distance in the mother, along the two-lanes.

The Defendant overtakened the damaged vehicle through one lane by raising the speed of the damaged vehicle, on the ground that the rocketing taxi driven by the victim D(60) was obstructed by the driving of the vehicle in the front section of the Defendant’s vehicle, and that it was obstructed by the driving of the vehicle in the front section of the Defendant’s vehicle, and then re-drawed the damaged vehicle into two lanes where the damaged vehicle was driven by the Defendant, and received the left-hand pent part of the damaged vehicle on the right-hand side of the Defendant’s vehicle.

As a result, the Defendant, using a dangerous motor vehicle, inflicted an injury on the victim, such as cryp dump, which requires approximately two weeks of treatment, and inflicted an injury on the victim F (the 26th age), who was on board the back seat of the damaged vehicle, such as cump dump, tensions and tensions that require approximately two weeks of treatment. At the same time, the Defendant damaged the damaged vehicle to have a total amount of KRW 597,348 of repair cost, such as pent replacement.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to photographs by filing a traffic accident report, each damaged part of the disaster, a photographic photo, or a photographic stuff;

1. Articles 258-2 (1), 257 (1) (a point of special injury) and 369 (1) and 366 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a special injury heavier than that of the punishment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. Scope of the recommended punishment for the sentencing criteria - Unapplicable as commercial concurrent crimes;

2. Determination of sentence [the Prosecutor’s Opinion] One year of imprisonment [Judgment], one year of imprisonment, and two years of suspended sentence, the Defendant was the victims of retaliation under the influence of drinking.