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(영문) 수원지방법원 안산지원 2019.01.24 2018고단3534
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around 13:10 on April 10, 2018, the Defendant, while driving a B low-speed car and driving it along the two-lanes of the D 23th national road in front of the D cafeteria located in C at Seosan-si, the Defendant changed the vehicle in front of the D 25 tons of the victim E (49 years old) driving the two-lane in order for the freight vehicle to overtake the preceding vehicle, and changed the vehicle again into the two-lane, thereby leaving the vehicle in front of the Defendant’s vehicle. If the Defendant, at the front of the victim’s vehicle, would hinder the operation of the victim, resulting in a traffic accident, but after changing the vehicle in front of the freight vehicle operated by the victim, the Defendant changed the vehicle in front of the vehicle, thereby leaving the two-lane road to the right side of the victim, thereby leaving the direction of the collision between the two-lane and the two-lane road.

As a result, the Defendant, using a passenger car, which is a dangerous object, inflicted an injury on the victim, such as salt, tension, etc. in need of treatment for about three weeks, and at the same time, damaged the total amount of KRW 4,161,00,000 in value of the above cargo and loaded freight owned by G Co., Ltd.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A medical certificate;

1. A written confirmation of impossibility of repair and a written estimate;

1. As to the assertion of the Defendant and his defense counsel, the Defendant did not drive at a retaliation, such as speed reduction, and argued that there was no causal link between the Defendant’s sudden reduction and the instant accident. However, the following facts or circumstances revealed by the evidence adopted and examined by this court, namely, ① the Defendant’s vehicle at the time of the instant case was driven by one lane, and the damaged vehicle was driven by two lanes. However, the Defendant’s direction, etc. was turned by one lane in order for the victimized vehicle to overtake.

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