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(영문) 창원지방법원 2020.08.13 2020고합116
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant is a driver of the KS7 car, and the victim C(30 years of age) is a driver of the DD vehicle.

피고인은 2020. 5. 12. 08:35경 김해시에 있는 김해서부경찰서 앞 사거리에서, E 방면으로 좌회전을 하기 위하여 출발하려고 하던 중 피해자의 승용차가 F에서 김해서부경찰서 방면으로 황색 신호에 좌회전하여 사고가 날뻔하자, 피해자에게 경적을 울리며 “야!”라고 소리를 쳤고, 이에 피해자는 “뭐!”라고 소리를 지른 후 G 방면으로 진행하였다.

Accordingly, the Defendant returned the direction of the victim's above behavior to G room, and stopped the Defendant's car after the victim's car waiting in the signal signal in the first way between the two-lanes in the first way in the city of Kimhae and the second way in the second way in the second way in the city of Kimhae.

At this point, the Defendant stopped and stopped a vehicle on one-lane as above, and the Defendant expressed the victim’s desire to “I want to die and drive the vehicle on one-time basis,” “I want to die, I want to die? I am the victim’s shoulder who followed the balke in the state of D’, with the driver’s length on one-time basis. I am the victim’s head twice the victim’s head on two occasions. I am the victim’s head on two-time basis, and am the victim’s head on one-time basis, and am the victim’s head on one-time basis.

Accordingly, the defendant injured the victim while driving.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. A written diagnosis of injury (the sequence 11 of evidence list);

1. Application of Acts and subordinate statutes to report internal investigation (verification of CCTVs and CCTVs for crime prevention), CDs, investigation reports (verification of the fact that a suspect assaultss a driver of a vehicle who is a "driving" while driving)

1. The Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant criminal facts.

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