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(영문) 청주지방법원 2020.11.26 2019고단2857
특수상해등
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On February 21, 2019, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for an injury, etc. at the Cheongju District Court on June 21, 2019 and the judgment became final and conclusive on December 14, 2019.

【Criminal Facts】

The defendant is a person who drives a motor vehicle B.

On December 8, 2019, the Defendant: (a) was driving in Seowon-gu, Seowon-si, Seowon-si, Cheongju-si, with two-lanes of Sari-si from Sari-si to Sari-si in Sari-si; (b) on the ground that the victim E (66) who was driving in the same room was trying to change the vehicle into two-lanes, while the victim E (FF) was trying to change the vehicle into the two-lane, the Defendant was informed of the occurrence of the accident; (c) on the ground that the Defendant, who is a dangerous object against the victim in the normal way according to the one-lane, was threatening by using the Defendant’s vehicle that is in danger to the victim in the normal way, entered the vehicle, and received the front part of the taxi driven intentionally driven by the victim.

Accordingly, the defendant uses a dangerous vehicle with the victim, and at the same time, damaged the cab owned by the victim F. A. F. M. to be inf. repair costs.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Previous records of a motion picture of a damaged vehicle: The application of the Act and subordinate statutes on Criminal Records, etc., inquiry reports, investigation reports (verification of the same kind of power), 2018 Godan1672, 2019No376 shall apply;

1. Articles 261 and 260(1) of the Criminal Act applicable to the relevant criminal facts, and Articles 284 and 283(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the Defendant commits each of the instant crimes without being aware of it during the period of suspension of execution, and thus, it is necessary to strictly punish the Defendant.

However, the defendant committed each of the crimes of this case.

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