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(영문) 창원지방법원 2017.11.03 2017고단3042
특수상해
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 becomes final and conclusive.

Reasons

Punishment of the crime

On June 10, 2017, the Defendant, while driving a Bchip car around 15:13 on June 15, 2017, and driving the C taxi in the previous Jinwon Road located in the counter of Changwon-si, Changwon-si, Changwon-si, the Defendant was driving the C taxi in the previous Jinwon-si Intersection.

D on the ground that he was obstructed while driving in front of his vehicle without leaving his own vehicle, he was overtaken by using a two-lane of the above taxi of D, which is a dangerous object, using a two-lane, and then changed rapidly into a one-lane, and then he was making a sudden operation in front of D's taxi before D's taxi, and caused the injury of the victim E (the 22 years old), who was on board the back seat of D's taxi at the time when he was on board, by lowering the victim E (the 22 years old), who was on board the back seat of D's taxi at the time, with his head and shoulder facing the front seat for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each investigation report (as a result of the attachment of suspect driving video data CDs, the verification of stuffed video records of taxi vehicles, hearing of the suspect A’s special injury victim E statement, hearing of suspect F phone statements);

1. Application of Acts and subordinate statutes (No. 2 of the evidence list)

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. The Defendant, on the grounds that the sentencing of Article 62(1) of the Act on the Suspension of Execution, in the course of changing the lane of a motor vehicle, did not yield the course of the victimized motor vehicle while driving the motor vehicle in an unreasonable manner, was overtaken the motor vehicle to threaten or retaliation the driver of the victimized motor vehicle, and subsequently inflicted an injury on the passengers boarding the damaged motor vehicle by means of sudden stopping in the aforementioned manner, and thus, the offense is not good in light of the course, method, etc., and the damaged motor vehicle is a taxi.

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