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(영문) 대전지방법원 서산지원 2020.03.18 2019고단1312
특수상해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

On April 7, 2019, the Defendant was driving a B rocketing car on April 20:52, 2019, and driving a two-lane road in front of the D latter part of the D having been driving in the direction of the E apartment from the direction of the E apartment to two-lanes, on the ground that the G EX car driven by the victim F (the age of 26) was in the right direction from the direction of the Sea and obstructed the Defendant’s course of moving into the front line of the car.

Accordingly, the Defendant changed the car line to the first lane by driving the said string car, changed the vehicle line to the second lane, and proceeded at the speed, and changed the vehicle line to the victim's future in the vicinity of the victim's car driving along the second lane, and caused the victim of the play to change the way to the right side in order to avoid the conflict with the Defendant's car, and caused the victim to shock the victim's right side to stop the entry of the vehicle installed in India to the front part of the vehicle.

As a result, the Defendant, using dangerous things, inflicted injury on the victim F, such as salt, tensions, etc., which requires approximately three weeks of medical treatment on the victim F, and inflicted injury on the victim H (0, 35 years of age) who was accompanied by the above EXE car on the 2-day medical treatment, and at the same time, damaged the above EXE car to cover KRW 1,14,317 of its repair cost by exchanging the EXE car with a spread.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. The CD;

1. Application of the statutes on traffic accident analysis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order are very dangerous considering the means and methods of crime.

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