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(영문) 울산지방법원 2017.11.30 2017고단3757
특수상해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

The defendant is a person who drives a vehicle with C highest typ.

On May 2, 2017, the Defendant changed the way from the first lane to the second two lanes of the damaged vehicle, and continued to drive the latter in front of the damaged vehicle while the Defendant driven along the north-west of the Haan-gun, the Haan-gun, the 103 KK from the Highway at the point of 103 KK of the Highway, and the first lane to the 103 KK from the Mancheon-gun.

Since then, when the damaged vehicle drives in one vehicle, it overtakes the damaged vehicle after passing the damaged vehicle, and then changed the rapid vehicle (one knife ‘one knife'), the defendant vehicle, which is a dangerous object, followed the driver's seat of the damaged vehicle, and led the driver to shock the front part of the damaged vehicle.

As a result, the Defendant inflicted an injury on the body of verteas and tension in need of approximately one week of treatment on the victim, and at the same time damaged the damaged vehicle’s repair cost, such as the front panion, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on the occurrence of a traffic accident, on-site map, and black images of black stuffs;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to the investigation report (for entry into a road in width);

1. The point of special injury under relevant provisions of the Criminal Act to the facts of crime: Articles 258-2 (1) and 257 (1) of the Criminal Act: Articles 369 (1) and 366 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a special injury heavier than that of the punishment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The act of taking another vehicle while driving on an expressway where the reasons for sentencing in Article 62-2 of the Criminal Act for protection and observation of the order to attend the lecture are rapid and dangerous, and the defendant did not receive a letter from the injured party, except that the damage caused by the defendant's car insurance is recovered to a certain extent.

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