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(영문) 수원지방법원 성남지원 2017.02.09 2016고단3634
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 23, 2016, the Defendant driven a C golf car at around 19:00, while driving the car and driving the road near the Gyeonggi-gu Seoul metropolitan city into a fspambing plane near the D at the tunnels, the Defendant: (a) sent the car to the victim for the reason that the Fspke car driven by the victim E (n.e., the 38 years old) was cut to the victim himself/herself; and (b) caused the victim to get the vehicle of the victim following the car by making a sudden operation, even if he did not have any unexpected situation in the front side after he/she overtakened the victim's vehicle, and even if he/she did not have any sudden situation in the front side.

As a result, the Defendant, using a dangerous vehicle, inflicted injury on the victim, such as cerebral finites without an open address in the head requiring approximately 2 weeks of treatment, and at the same time damaged the victim vehicle by using a pan-ciner exchange, thereby causing approximately 645,986 won of repair costs.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A traffic accident report;

1. A written diagnosis and written estimate;

1. Application of accident video-related statutes;

1. Articles 258-2 (1), 257 (1) (a point of special injury) and 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 as a matter of choice (the crime of damaging special property);

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 stay of execution (see, e.g., Supreme Court Decision 62 (1) that reflects the fact that there is no previous conviction, no damage, and some of the money for victims);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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