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(영문) 대전지방법원 2020.10.22 2020고합246
특수재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 2, 2019, the Defendant: (a) driven a new wave truck with B 14.5 tons at B 07:55 on December 2, 2019, and proceeded along two lanes along the two-lane road at a point of 43.6km in the direction of the west Highway, the Defendant: (b) driven a truck of 31 ton in the same direction on the ground that the victim D (Nam, 43 years old) who is driving along one lane divided the Defendant’s vehicle to change course into one lane; (c) subsequently, the Defendant obstructed the progress of the victim’s vehicle by driving the vehicle at a point of about 2km in order to change the course into one another; (d) prevented the victim from changing the course to another; and (e) promptly entered the victim’s vehicle into the same direction, and (e) received the part of the victim’s right side of the vehicle.

As a result, the Defendant carried dangerous new-frequency truck, which is a dangerous object, and inflicted an injury on the victim, such as fingers, such as fingers, in the middle dub and dub joints section, which requires approximately six weeks of medical treatment, and at the same time damaged the victim's vehicle in an amount equivalent to KRW 5,309,057 of the repair cost, such as the exchange of front dubs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to each investigation report (to hear statements made by the victim involved in the situation at the time of the accident, and confirm the cost of repairing damaged vehicles), such as field maps of traffic accidents, vehicle photographs, CDs, estimates, etc.;

1. Articles 258-2 (1), 257 (1) and 369 (1) and 366 of the Criminal Act applicable to the relevant criminal facts;

1. Reasons for sentencing under Articles 40 and 50 (Punishments Governing the Crimes of Special Bodily Injury) of the Criminal Act among the grounds for sentencing under Articles 53 and 55 (1) 3 (hereinafter referred to as the following grounds for sentencing) of the Criminal Act among the grounds for sentencing;

1. The scope of applicable sentences under law: Six to five years of imprisonment;

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