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(영문) 부산지방법원 2016.01.07 2015고단5390
상해등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 8, 2015, at around 17:55, the Defendant was required to stop from the victim G (hereinafter referred to as “42”) who was in charge of traffic control at the time, while driving the off-line E with the safety cap worn around the 2nd line in the vicinity of the Dondo Don Don Don Don Don Don Dan-gu Seoul, Busan, with the safety cap worn around the Don Don 2nd line.

The Defendant reported that the Defendant was able to have knick the shouldered by the Defendant by her hand from the off of the stop that the victim stopped, and to cut off the keys of the stop by other hand, even though the Defendant continued to proceed in the future by raising the speed of the stop, thereby leading the said victim more than two meters, and the said victim exceeded the floor of the road.

The Defendant interfered with the legitimate performance of official duties of the victim concerning traffic control and the prevention of traffic hazards as above, and at the same time caused the victim to the elbow part requiring approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and G;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257(1) and Article 136(1) of the Criminal Act applicable to criminal facts ( Selection of a fine in consideration of the fact that a victim of the result of the sentencing investigation does not want the punishment of a defendant, that there is no other record of criminal punishment than once a fine related to traffic is imposed, that there is no other record of criminal punishment, and that the defendant is a senior citizen of society who is seriously against the crime of this case)

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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