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(영문) 서울서부지방법원 2020.09.16 2020고단2111
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who drives a B B B B B B B B B B B B L125 B (hereinafter referred to as “the B B B B”) and a victim C(the age of 45) is a person who drives a B B B B BPX125 B (hereinafter referred to as “the B B B B”).

On April 17, 2020, the Defendant driven a large-wheeled vehicle on the road in Mapo-gu Seoul, Seoul, and proceeded with the G Hospital from the F side to the G Hospital. While the driver was mixed with the driver of the vehicle in front of the H apartment, the Defendant stopped on the road in front of the victim and the Si guard, on the ground that the two-wheeled vehicle runs in a tent from the Defendant’s front side, and she fights with the victim and the horse, and the victim left the first place, takes a bath, takes a bath, and following the victim, the Defendant was able to drive the victim with the front part of the large-wheeled vehicle in front of the Seoul Mapo-gu, Seoul, with the rear part of the two-wheeled vehicle.

As above, the Defendant: (a) caused the congestion of the victim of the large-wheeled motor vehicle, which is a dangerous object; (b) caused the injury to the victim for approximately two weeks of treatment; and (c) damaged the large-wheeled motor vehicle, which is the victim’s ownership, in turn, KRW 2,120,000 for repairing the large-wheeled motor vehicle.

Summary of Evidence

1. Application of Acts and subordinate statutes, such as a police report on the occurrence of a traffic accident, investigation report on the statement of the defendant C in his/her legal statement, a diagnosis report, a written estimate site photograph, and a closure of crime prevention CCTV images;

1. Articles 258-2 (1), 257 (1) (a point of special injury) and 369 (1) 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (negative) is recognized as a substitute for the reason for sentencing (negative).

It is a crime committed during the period of probation.

The criminal law could lead to a big accident.

It is the crime committed as a retaliation after the victim's verbal dispute with the victim.

violent crimes.

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