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(영문) 전주지방법원 2016.11.25 2016고정818
상해
Text

Defendant

A shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A, around 07:40 on March 25, 2016, operated QM5 car and proceeded along one lane among the two-lanes between Gjun Oil Station Doksan-Gimk Kim Jong-si in Kim Jong-si in Kim Jong-si, the injured party B (the 49 years of age) as mentioned above, changed the course from one lane to two-lanes from the center separation zone. After the driving of the QM5 car from the following victim's vehicle, the injured party was faced with A self-sufficiency to the front part of the victim's vehicle and received the front part of the victim's vehicle, and the victim was in need of approximately three weeks medical treatment.

Summary of Evidence

1. The defendant A's partial statement

1. The suspect interrogation protocol of the police as to B;

1. A written diagnosis on B;

1. A report on internal investigation (related to the conversation contents in a motor vehicle black image);

1. Each investigation report (case concerning the survey on the actual situation at the scene of an accident, the case concerning flusing, such as retaliationed driving (special injury, special violence, etc.), and the case concerning the motor vehicle speed of retaliationed driving for suspect H by suspect who is a driver of 12 vehicles, and the case concerning the attachment of flus video CDs for vehicles under traffic accident-related crimes) shall be applicable to statutes;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the Defendant A and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The victim B's injury alleged by the defendant A and his defense counsel is not the first accident caused by the defendant A, but the second accident occurred. Thus, the victim's injury and the defendant's act are not a causal relation.

2. If a traffic obstruction act is not only the only one which causes the result of the victim's thought, or has a direct cause, but also if there are different facts, such as the victim or the third party's negligence, etc. between such act and the result, such facts can be ordinarily predicted.

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