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(영문) 서울동부지방법원 2018.07.27 2018고단1621
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

Criminal facts

On April 20, 2018, the Defendant: (a) driven the said BSP vehicle at around 09:30, the Defendant: (b) driven the said BSP vehicle; (c) changed the course of the said vehicle to a two-lane at the entrance of the Han River in the Southern East East-gu, Seoul National Cemetery; and (d) driven by the victim D (32 years old) who driven along the two-lane along the said road while driving along the three-lanes of the said road; (d) the EVV-VV cruise vehicle driving along the two-lanes on the ground that the route of the said vehicle does not yield the course from the DV area where the narrow road is narrow; (c) changed the speed from the above vehicle to the two-lane road; and (d) changed the course of the said BSP vehicle to the two-lane road; and (d) the Defendant, who was unable to rapidly reduce the speed of the vehicle to the right side of the said cruise vehicle, was under the front part of the said 8-day cruise vehicle.

Accordingly, the defendant carried dangerous things and inflicted an injury on the victim, and at the same time damaged the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate (a list No. 4);

1. Written estimate;

1. Application of Acts and subordinate statutes of each photograph (the list Nos. 8,9,12)

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 Concurrent Crimes (the punishment imposed on a special injury heavier than that of the punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstance in light of the following sentencing grounds) (a) of the suspended sentence (absurd circumstances) is that the Defendant did not yield the course of the victimized person.

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