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(영문) 의정부지방법원 2020.04.27 2019고단4911
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

On October 5, 2019, at the time of the Government around 16:20, the Defendant was in a situation where the victim E (the age of 62) who was driving the CSS5 car on the front of B apartment at the time of the Government around 16:20, while driving the CMF on the 3-lane road in front of B apartment at the front of B apartment, was facing the Defendant and was driving the D Ⅱ in the front of B apartment.

The victim was willing to take retaliation against the victim.

Accordingly, the Defendant driven the said vehicle from the said cargo vehicle to the second line, which is the vehicle of the victim, and proceeded to the later later, while driving the said vehicle to the second line, which is the vehicle of the victim, and as a result, the victim's vehicle proceeds at a speed of about 50 km to the speed of the defendant's vehicle after the vehicle of the victim, the victim's vehicle was rapid at a point of about 9 km from the front side of the cargo vehicle of the victim, and caused the victim, who did not avoid or move to the vehicle, to shock the part behind the said vehicle in front of the said truck.

As a result, the defendant carried a dangerous object, thereby leading the victim to a sale elbow bow straw, which requires treatment for about two weeks, and at the same time damaged the above cargo vehicle owned by the victim to be in excess of KRW 1,702,96.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement to E by the police;

1. A report on the actual condition of survey and a report on the occurrence of traffic accidents;

1. A criminal investigation report, a criminal investigation report, a criminal investigation report (determination of whether a victim is injured), a criminal investigation report (report on the location of the collision point and the distance between vehicles immediately before the collision), and a criminal investigation report (report on the results of the review of records);

1. On-site photographs and estimates;

1. Accident video CDs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 258-2 (1), 257 (1) (a point of special injury), 369 (1), and 366 (a) of the Criminal Act concerning the crime;

1. Commercial concurrence;

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