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(영문) 광주지방법원 목포지원 2019.10.29 2019고단668
특수상해등
Text

A defendant shall be punished by imprisonment for six 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

At around 18:30 on May 17, 2019, the Defendant driven the B Hawing-III Cargo and proceeded two-lanes of the 1565 neighboring 2 national highways in the area of the Jeonnam-gun, Seoul-do to South Asia. However, even though the Defendant attempted to change the vehicle to a first-lane, the Defendant tried to change the vehicle to a second-lane, but the victim E (the age of 41) who drives the D bargaining Vehicle was followed by the victim's vehicle behind the victim who did not yield the right, and the Defendant was willing to take a retaliation against the victim at the level of the clause.

The Defendant continued to drive the above-wing truck, which is a dangerous object, changed the vehicle line to two lanes while driving the vehicle of the victim, and advanced the vehicle of the victim. The Defendant changed the vehicle line to one lane with the victim’s vehicle, and pushed the victim’s vehicle toward the center separation zone. The Defendant was charged with the part on the left side of the victim’s vehicle.

As a result, the Defendant, using a dangerous motor vehicle, caused the injury to the victim as well as the string of the arms that need to be treated for about two weeks, and at the same time damaged the above frighting motor vehicle to be repaired in an amount equivalent to KRW 1,374,250, such as the exchange of the frighting motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on the occurrence of a traffic accident and an accident site photograph;

1. A written diagnosis and written estimate;

1. A report on investigation, and a photograph of the scene of the accident;

1. Application of the Act and subordinate statutes to report an investigation (the confirmation of a victim's cream files related to this case);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment prescribed for the crime of special injury heavier than punishment);

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The sentencing criteria shall be set.

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