(영문) 서울중앙지방법원 2017.11.08 2017고단742

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(영문) 서울중앙지방법원 2017.11.08 2017고단742

특수폭행치상등

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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 18, 2013, the Defendant was sentenced to one year and two months of imprisonment for fraud at the District Court, and completed the execution of the sentence in the Jung-gu prison on January 14, 2014.

1. On October 18, 2016, the Defendant suffered special assault or damaged special property damage: (a) around 22:05, the Defendant driven a AJ chip car and got off a four-lane road in front of the entrance of the prevention lower-lane in the intersection of Dongjak-gu Seoul Metropolitan Government along three-lanes from the shooting distance of the Center at the Navy, while driving a four-lane in the same direction at the victim AK ( South, 50 years old); (b) the Defendant changed the lane to the four-lane in the same direction and obstructed the Defendant’s course by changing the lane; (c) the victim’s taxi was overtaken, and (d) the victim’s taxi changed the lane to the two-lanes of the damage; and (d) the victim’s taxi continued to change the one-lane to the one-lane of the taxi; and (d) the victim’s taxi reconfise the victim’s vehicle to the one-lane.

As a result, the Defendant assaulted the victim with a dangerous object, thereby causing injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks, and at the same time damaged the victim's taxi to the extent of repairing cost of KRW 220,000.

2. The Defendant violated the Road Traffic Act (drinking driving) driving the said vehicle under the influence of alcohol with a maximum of 0.054% alcohol concentration in blood on the 3km section from the road near the digital short area to the point of accident as set forth in paragraph 1 at the time of the day set forth in paragraph 1.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of a witness AK and AM;

1. A protocol concerning the examination of the accused by the prosecution and the police;

1. Statement made to AK by the police;

1. The remainder, excluding the summary of occurrence, of the traffic accident report;

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