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(영문) 수원지방법원 2020.05.13 2019고단8008
특수상해등
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

On October 30, 2019, the Defendant driven a dump truck from B on October 30, 2019, and proceeded in accordance with the high-priced road in the composition of the ebbbbbbb B B B B B B, which is located at the height of the ebbbbbbbb B. However, the eb.g., the ebbbs of the three-lane ebbbs of the ebsp.

During the process of combining the victim C(Nam, 40 years old) driving DK3's car into the right-hand side, on the ground that the defendant's dump truck was rapidly cut in front of the defendant's driver's dump truck, and the victim was made a first warning, but the victim did not have any reaction, and the victim continued to have a second warning for about 5 seconds, the above K3 motor vehicle turned at a speed. In other words, the defendant tried to overtake by using three lanes on the right-hand side of the said K3 vehicle driving line, and received the above dump truck as the right-hand side of the said dump truck.

Accordingly, the Defendant, using dump truck, which is a dangerous object, inflicted an injury on the victim, such as sump gates and other areas of tensions and tensions, which require treatment for about two weeks, and at the same time, damaged the above k3 car owned by the victim by destroying the dump truck to the sum of 1,074,907 won.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. C’s statements and supplementary statements;

1. Investigation report (verification of black stay images and intentional review of the occurrence of accidents);

1. A written diagnosis (E) and written estimate;

1. Reporting on the occurrence of a traffic accident and the application of statutes on site guidance;

1. Articles 258-2 (1), 257 (1) (a point of special injury), 369 (1), and 366 (a) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (Punishment prescribed for the crime of special injury with heavy punishment);

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.

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