beta
(영문) 서울남부지방법원 2019.01.16 2018고단4238

특수폭행등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 12, 2018, the Defendant: (a) driven a dump truck with B 25.5 tons of B on May 12, 2018; (b) proceeded along the five-lane Myeon-Dong-dong in Yangcheon-gu Seoul, along the five-lane Myeon-dong-dong-ro, from the offsides of the Yancheon-gu office, to the three-lane Myeon-ro distance from the offsides of the Yancheon-gu office; (c) while the Defendant moved to the slope as the National Assembly, the Defendant Doump truck drivened by the victim C (Nam, South and 35 years old).

As above, the Defendant changed the vehicle line to the four-lane in front of the Seoul Yangcheon-ro 939 Sinyang-ro 939 on the street, and changed the vehicle line to the four-lane in which the victim driven while driving the vehicle was driving, and then changed to the five-lane, the Defendant changed to the five-lane in the direction of the victim driving the four-lane, while keeping the horn in the direction of the vehicle in which the victim driving the four-lanes, and shicked the dump truck to the right side of the victim driving with the front side of the said dump truck.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. The Defendant causing special property damage, at the time and place specified in Paragraph 1, carried the dump truck, which is an object dangerous to the Defendant’s operation, by being pushed down to the front line of the victim’s driving vehicle, and shocked to the right side of the victim’s driving vehicle.

Accordingly, the defendant carried dangerous articles and damaged the victim's car at the disposal cost of 246,90 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement to C by the police;

1. Part of the statement on the occurrence of a traffic accident;

1. A traffic accident report, or a report on the dispatch of the reported site to the reported site;

1. A report on investigation (to analyze black boxes and images);

1. Application of the dump truck booms, Bump truck bump truck bump video booms Act 1.