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(영문) 의정부지방법원 2019.08.14 2019고단1371
특수상해등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

Around 15:05 on January 8, 2019, the Defendant driven a BWz E220D car and proceeded with a single-lane adjacent to the mountain underground map located in the Chungcheongnam-gun budget west from the red slope to the Agsan slope. On the other hand, the Defendant was trying to drive a wing wing wing wing wing 2.5 tons of the victim C(64 years old) driving on the two-lanes in the future of the said car that the Defendant driven. On the other hand, the Defendant driven the said car, which is a dangerous object, driven the said vehicle and driven the said vehicle into a two-lane, and then was driven in the future of the damaged vehicle, and received the front part of the damaged vehicle by driving the wing wing wing 2.5 tons in the front part of the damaged vehicle.

As a result, the Defendant carried dangerous things with the victim, thereby causing injury to the victim, such as salt, tensions, etc., which requires treatment for about three weeks, and at the same time damaged the mati cargo to be repaired in an amount equivalent to KRW 1,939,81, such as the exchange of the preceding mati cargo.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. A traffic accident report;

1. On-site photographs;

1. A written diagnosis and written estimate;

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

1. Articles 258-2 (1), 257 (1), 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 Concurrent Crimes (Punishment prescribed for any 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 [the scope of recommending punishment according to the sentencing guidelines] The basic area (6-2 years) of the first category (6-2 years) of the injury by special injury by repeated crime group and the injury by repeated crimes. The instant crime is a special injury by so-called “competing” in which the Defendant committed an injury to the victim, who is the driver of the victimized vehicle, by driving the victimized vehicle immediately in the front of the damaged vehicle, on the ground that the Defendant was driving the damaged vehicle in his own way.

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