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(영문) 서울중앙지방법원 2017.03.23 2016고단8434
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 18:58 September 1, 2016, the Defendant driven a Borad's T-line car in the Dong-dong, Dongjak-gu, Seoul, with the Defendant’s possession of the C-lined car, and used it at the right angle from the boundary of the new T-line to the boundary of the three-lanes. On the ground that: (a) the Defendant driven a victim D ( South, 16 years old) with the Defendant’s driving of the E-thodba in order to overtake the Defendant to the right side from the lower side of the said car; and (b) the Defendant moved back to the front side of the said car driving direction; and (c) the Defendant Hadba in accordance with the said E-thaba.

We changed the course in front to the road, and cut off to the right side of the said vehicle with the back wheels part of the said vehicle's right side.

As a result, the Defendant used a car, which is a dangerous object, to inflict an injury on the victim about two weeks of treatment, such as a multi-lateral typology, and at the same time damaged the above Oral ba to have approximately KRW 865,000 of repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident investigation report and a traffic accident occurrence report;

1. On-site and vehicle photographs;

1. A report on internal investigation (blue video images);

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

1. The point of special injury under the relevant provision of the Act on the crime: Articles 258-2 (1) and 257 (1) of the Criminal Act: Articles 369 (1) and 366 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a special crime of bodily injury which is heavier than that imposed in the judgment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reasons for sentencing under Article 62(1) of the Criminal Act of the suspended execution shall be determined by taking into consideration the following: (a) the fact that the accused has been convicted of any mistake in sentencing and has been repented; (b) the fact that the accused has agreed with the victim; and (c) the fact that

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