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(영문) 대구지방법원 서부지원 2019.06.28 2018고단2790
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

Around 13:25 on July 31, 2018, the Defendant driven a Habrid Habrid car and proceeded with one lane from the two-lanes of the D in front of the D in the Daegu Western-gu, Seogu, in Korean currency at the reduced e-distance flood area. On the ground that the victim E-driving car driving the two-lanes of the said road was in front of the Defendant’s car, the Defendant 2-laned the damaged vehicle was driven by the Defendant’s vehicle in front of the damaged vehicle and proceeded back to the two-lanes of the said road. On the other hand, the Defendant got the damaged vehicle to take part of the Defendant’s vehicle in front of the damaged vehicle and got the damaged vehicle back to the two-lanes of the said road, thereby causing the damaged vehicle to suffer damage to the said victim by the Defendant’s vehicle in front of the damaged vehicle and causing damage to the damaged vehicle by the Defendant’s vehicle in front of the damaged vehicle in front of the two-lane area, and the injured vehicle in front of the two-day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. The actual condition survey report;

1. Each written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to investigation reports (video analysis reports);

1. Articles 258-2 (1), 257 (1) 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;

1. The instant crime on the grounds of sentencing under Article 62(1) of the Criminal Act requires strict punishment for the Defendant, taking into account the risk of committing a crime by vehicle use.

Meanwhile, in full view of all the circumstances such as the Defendant’s acknowledgement of his mistake and the fact that the Defendant did not repeat the crime, the full agreement with the victims (the victims do not want punishment against the Defendant), the Defendant is the primary offender, the degree of damage, circumstances after the commission of the crime, and the prosecutor’s life penalty (one year of imprisonment).

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