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(영문) 수원지방법원 2017.01.05 2016고단5279
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 08:45 on April 14, 2016, the Defendant driven a DM car with three-lanes in front of 1105 E Apartment at the time of chemicalization, where the two-lanes are installed, from the second apartment section of the apartment section of the Dong 2 box at the speed of about 60 to 70 km each hour, while driving at a speed of about 60 to the opposite to the median line at the center of the moving direction, the Defendant continued to separate the above 5-lanes of the Defendant’s driving vehicle from the front line to the right line of the vehicle, and interfere with the progress of the vehicle and cause danger to the accident, thereby causing damage to the above 2-lanes of the 15-lanes of the 20-lanes of the above 10-lanes of the 20-lanes of the 5-lanes of the vehicle, and the 2-lanes of the Defendant’s driving vehicle under the DM 520-lanes of the above 20-lane.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. A report on internal investigation (the photographing part of the shocked vehicle);

1. Cryd images;

1. Application of Acts and subordinate statutes governing cryd images;

1. Relevant legal provisions of the Criminal Act, Articles 258-2(1), 257(1) (a) of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Article 151-2 and subparagraph 5 (a) of Article 46-3 of the Road Traffic Act (a point where special property is damaged), the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order are the victim's vehicle on the ground that the defendant caused the victim's risk of accident.

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