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(영문) 대구지방법원 2017.07.13 2017고단2477

특수상해

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

On March 31, 2017, the Defendant driven a B SP car at around 17:20, and driven a three-lane road in Busan Gangseo-gu, Busan Metropolitan City, which is located along the three-lanes from the south-do, the 526 North-ro, Busan Metropolitan City, to the green three-lanes, the Defendant changed the course to a three-lane for the reason that the victim C (V, 25 years old) driven by the victim C (V, 25 years old) left the front of the Defendant’s vehicle, and led the victim to the left side of the Defendant’s vehicle by leaving the front side of the victim’s vehicle at late speed.

As a result, the Defendant used the car on the sprink, which is a dangerous object, to put the victim into the sprink for approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes, 24 copies of a field photograph and a caps (12 straw camblings and 12 camblings for damaged vehicles)

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for community service and order to attend lectures;

1. The sentencing criteria are not set for the crimes of special injury;

2. Circumstances unfavorable to the determination of sentence: The defendant committed an injury to the victim by causing an accident by taking a retaliation, and in light of the motive, circumstance, means, etc. of the crime, the crime is highly favorable: The defendant is led to confession and reflect on the crime. The degree of injury is not relatively much severe, and the defendant agrees with the victim only smoothly. The defendant is punished by a fine due to driving of alcohol at one time.