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(영문) 수원지방법원 평택지원 2018.07.19 2018고단257
특수상해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 20, 2017, at around 14:56, the Defendant driven a B rocketing car and driven a two-lane road in the vicinity of the Alley Building in Es. A. B. on the ground that the D. D. car driven by the injured party C (49) had a light-wise vehicle, the Defendant carried the car into two-lane A. B., while continuously pushing the said car car into the right-hand side, and caused the said car to have the victim E (n.e., the 75 years old) parked on the right-hand side of the said car, which is owned by the victim E(n.e., the victim, the 75 years old).

As a result, the Defendant carried a dangerous object, and suffered injury to the victim C, such as salt ties and tensions, which require approximately two weeks of medical treatment, and at the same time destroyed the said car rental car and damaged the said car to cover approximately KRW 1,100,000 of repair cost, and damaged the said car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes governing the actual traffic accident investigation report, traffic accident occurrence report, diagnosis certificate, quotation, video CDs, and investigation report;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) of the Criminal Act, and Articles 369 (1) and 366 of the Criminal Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.

- The nature of each of the crimes of this case does not correspond to those of the defendant, except that victims want to be punished by the defendant.

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