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(영문) 수원지방법원성남지원 2020.10.28 2020고단1084
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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

Around 14:00 on March 11, 2020, the Defendant driven a road in front of the camping tower mobilization order of the branch of the party branch of Seongbuk-si, Sungnam-si, with a car of the Crench in the direction of the village shooting distance from B apartment bank and left left at two-lanes. On the other hand, the Defendant got out of way by the victim D(53 years old) E-car, which was left left at the right-hand turn at the right-hand one lane, and operated the above car, which is a dangerous object, was driven by the above bus, and received the front part of the above bus as a part of the victim vehicle after the vehicle of the victim.

As a result, the Defendant carried a dangerous object of an automobile and inflicted injury on the victim F (V, 68 years of age) who was on board the bus, such as shoulder and string of the arms in need of a two-day medical treatment, and the victim G (V, 69 years of age) with salt, tension, etc. in need of a three-day medical treatment, and at the same time damaged the bus so that the repair cost of KRW 638,000 is exceeded.

Summary of Evidence

1. Statement of the police concerning the defendant's partial statement D, each written statement of D, H, I, F, and G preparation;

1. A report on the occurrence of a traffic accident, a photograph of the scene of the accident, a internal investigation report (case summary and related persons' statement), a photograph of a bus boom image, a criminal investigation report, a report on the investigation (verification of the damage) and a bus boom video CDs;

1. Each written diagnosis (the order 14,17), written estimate, the defendant, and the defense counsel asserts that ① there was no intention to cause any special injury or any special damage, although there was a sudden stop of the vehicle driven by the defendant, and ② the vehicle driven by the defendant does not constitute a "hazardous object" with a vehicle smaller than the damaged bus.

According to the evidence duly adopted and examined by this Court, the defendant was faced with his own vehicle to the right-hand side in the course of changing the course into a two-lane, and the damaged bus was changed into a one-lane course.

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