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

The defendant is a person who is engaged in driving a vehicle B at low price.

At around 19:00 on November 6, 2018, the Defendant moved the Olympic Road near the Gangdong-gu Seoul Metropolitan Government 93 Gariro 55 Gari-ro into two lanes in the direction of a sericultural comprehensive playground in the direction of the Stari-ri-rig. On the ground that the DNAS car driven by the victim C(39 years of age) changed the two-lanes to the two-lanes to inflict damage on the vehicle of the Defendant, the Defendant changed the three-lane, the vehicle of approximately 700 meters to a three-lane, the vehicle of the victim was overtaken, and the vehicle of the victim was cut down in the front part of the vehicle of the victim by blocking the lane, and the Defendant was assaulted by the victim, who was a dangerous object.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. Each written request for appraisal;

1. Photographss of victims and accused vehicles after an accident occurs;

1. The result of reproduction and viewing by the court of this case for the black stay USBI

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 261 and 260(1) of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

The defendant and his defense counsel's assertion and judgment

1. Defendant and his defense counsel’s assertion

Although the fact that an accident occurred between the vehicle of Defendant driving and the vehicle of the injured party, the Defendant only conflicts with the vehicle of the injured party in the process of reducing the speed of the steering in order to maintain the distance with the vehicle in front, and does not cause a collision by making a sudden stop after the change of the vehicle. In other words, there was no intention of the injured party to inflict an injury on the injured party at the time of the change of the vehicle.

2. Determination

In light of the following circumstances, which are acknowledged by the evidence duly adopted and investigated by this court, such as the circumstances of the instant accident, the road situation at the time, the change of vehicle lanes, and the necessity of the consent to the rapid control, it can be sufficiently recognized that the Defendant intentionally embling the vehicle operated by the victim and caused a collision.

A. The victim changed the two lanes in order to avoid the broken-down vehicle in the front direction while driving in three lanes, and in the process, it was obvious that the Defendant would face with the Defendant’s driving vehicle.

B. In order to avoid a collision with a vehicle driving by the victim, the Defendant rapidly reduced the vehicle, and the vehicle driving by the victim was driven in two lanes as it is. The Defendant, while driving at a higher speed after changing the three-lanes, was driven in the two-lanes immediately after passing the vehicle of the victim, and was driven in the speeding.

라. 피해자는 깜짝 놀라 급제동을 하였으나 미처 피하지 못하여 피고인 운전 차량의 후미와 충돌하였다.

E. There was no circumstance in which the defendant has to operate a 's rapid operation' in the event of changing the lanes from the three lanes to the two lanes, such as the turning on by the rear Brackers, etc. or the rapid decline in the distance between the front vehicle and the Defendant’s driving vehicle at the time of changing the lanes.

1. Reasons for sentencing: Imprisonment with prison labor for a month to five years;

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of Punishment] Violence Crimes 03. [Type 6] Cumulative Assaults. Special Violence

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment of 4 months to 10 months

3. Determination of sentence: One year of imprisonment with prison labor and two years of suspended sentence are crimes committed by the defendant, which are not good in light of the risk of retaliation operation.

However, the defendant seems to have committed the crime of this case in a contingent manner by leaving the victim's driver's vehicle in his own driving lane, and even the victim did not have been faced with a big accident, and the situation suffered by the victim is insignificant, and the defendant's age, character and conduct, environment, relationship with the victim, motive and circumstance of the crime, means and consequence of the crime, all of the sentencing conditions and jury's opinions on sentencing as shown in the records and arguments of this case, such as the circumstances after the crime, etc., shall be determined as ordered.

The acquittal portion

1. Summary of this part of the facts charged

The defendant is a person who is engaged in driving a vehicle B at low price.

At around 19:00 on November 6, 2018, the Defendant moved the Olympic Road near the Gangdong-gu Seoul Metropolitan Government 93 Gariro 55 Gari-ro into two lanes in the direction of a sericultural comprehensive playground from the Sari-ri-ri-ri-ri-ri-ri-ri-ro. The Defendant changed the lanes into the two lanes to the two lanes in which the victim C(39 years of age) is driving, and made it possible for the Defendant to go against the Defendant's car, and changed the three lanes to a three-lane, advanced the vehicle according to the victim's driver's car, leading the victim's vehicle in front of the victim's car, driving the 55 Gari-ri-ri-ri-ri-ro 5 Gari-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si.

2. Determination

A. In the crime of injury, injury refers to a change of the victim’s physical health condition and the occurrence of a disability in his/her life function. If the injured party’s wife is extremely minor and does not need treatment, and even if the injured party’s wife does not receive treatment, it does not interfere with daily life, and if the injured party’s daily life can be naturally cured following the lapse of the time, it cannot be deemed that the injured party’s physical health condition was changed, or that the injured party’s life function was hindered, and thus, it does not constitute an injury to the crime of injury (see, e.g., Supreme Court Decisions 2003Do2313, Jul. 11, 2003; 2010Do10305, May 26, 2011).

B. It is recognized that the instant accident was diagnosed by the victim, such as clouds and tensions that require approximately two weeks of treatment. However, the following circumstances revealed by the evidence duly adopted and investigated by this court, i.e., the victim was diagnosed at a hospital on November 8, 2018, which was after the date of the instant accident, and received physical treatment, but did not undergo any additional treatment thereafter, and did not drink drugs. The victim stated that the victim was fine for long time, even though he had a pain on the clouds or shoulders due to the instant accident, and that it was difficult to conclude that the victim was subject to a traffic accident even three to four months prior to the instant accident, and that the victim was subject to physical treatment at least two to three times, and that the victim did not undergo any medical treatment until the date of the instant accident, even if the victim visited the hospital, etc., and that the victim did not appear to have been subject to medical treatment due to his daily life until the date of the instant accident.

C. Therefore, since this part of the facts charged constitutes a time when there is no proof of crime, it should be pronounced not guilty under the latter part of Article 325 of the Criminal Procedure Act. However, as long as it is found guilty of special assault crimes included in this part of the facts charged

jury verdict and sentencing opinion;

1. A verdict of guilt or innocence;

(a) Whether the offense of special injury is recognized;

- Not guilty: Seven jurors (many).

B. Whether the crime of special violence is recognized

guilty: Seven jurors (many)

2. Opinions on sentencing

Six months of imprisonment and one year of suspended execution: One juror;

- 8 months of imprisonment, 2 years of suspended execution: One year of imprisonment with prison labor of two jurors, and 2 years of suspended execution: On the grounds of not less than four jurors, this case is judged as ordered through a participatory trial at the defendant's wishes.

Judges Cho Sung-hee

Judges Jeon Soo-soo

11. According to the statement, etc. of the 18. 18. Reference Report, the above black image has been reproduced several times, but it is forged during the reproduction process; and

Inasmuch as it can be recognized that the above assertion has not been modified, it shall not be accepted (for example, black and video CDs applied as evidence of the first time, national

The scientific investigative institute was lost or discarded in the course of the commission of appraisal, and the motion picture USB submitted by the prosecutor as evidence on the date of trial.

The appraiser belonging to the National Institute of Scientific and Investigative Research re-duplicating the above black image CDs to analyze these images.