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(영문) 청주지방법원 2016.12.08 2016고단1200
특수상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

On May 31, 2016, the Defendant driven DMW vehicle at around 18:10 on May 31, 2016, and tried to enter the front road in Cheongju-si E into the left-hand exclusive road to turn to the left-hand left-hand part in order to turn to the left-hand part from the screen of the audience viewing room. However, the Defendant tried to turn to the left-hand part in order to turn to the left-hand part, but the Defendant was unable to enter due to the Hmat vehicle of the victim G (age 46) who is in the traffic signal at the first-lane, sound the horn, sent a signal to change the damage, but instead he was unfluen

Therefore, the defendant did not turn on the direction direction light, changed the first line from the exclusive lane to the left, and caused the BMW vehicle in front of the EM vehicle to rapidly stop the BMW vehicle on purpose before the EM vehicle and see the back part of the BMW to the left side of the EM vehicle.

As a result, the Defendant: (a) caused the victim to conceal the mast vehicle driven by the victim using a dangerous object, and (b) caused the victim to suffer injuries, such as an unknown situation and the pelvis part; and (c) damaged the math vehicle to repair the 1,617,075 won.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A traffic accident report (1) (2) (actual survey report);

1. Blucties, video CDs, vehicle photographs related to accidents, and black image photographs of damaged vehicles;

1. Application of the Acts and subordinate statutes to a written diagnosis and estimate;

1. Articles 258-2 (1), 257 (1) and 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. The reason for sentencing under Article 62(1) of the Criminal Act is inadequate, the unfavorable circumstances such as the record of receiving a fine of KRW 500,00 due to the crime of causing property damage, the defendant's seriously against himself, the degree of injury of the victim is not limited, and the victim is the victim.

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