(영문) 광주지방법원 2016.06.16 2016고단892

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(영문) 광주지방법원 2016.06.16 2016고단892

특수상해등

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Around 08:50 on January 5, 2016, the Defendant was dissatisfied with the left-hand turn-hand turn-hand turn-on from the direction of the Standing District according to one-lane among the four-lanes of the shooting distance of the Gwangju Airport located in the New Village of Gwangju Mine-gu, the Defendant was dissatisfied with the victim E (55 years) who moved to the left-hand turn-hand turn-hand turn-on on the two-lanes other than the left-hand turn-hand turn-hand turn-on.

Thus, after the left turn, the defendant changed the above car running along the two-lane road in front of the Gwangju Airport into the air room of the military unit in the dispatching-dong, the defendant sent the two-lanes to the front side of the above car in front of the above car driving in the same direction and caused the front side of the above car to receive the rear part of the above car (hereinafter referred to as the "accident" in this case). Accordingly, the defendant caused an accident by intentionally using a car, which is a dangerous object, thereby causing an injury to the victim about 1 to 2 weeks, and at the same time, damaged the above car to repair 1,352,980 won.

Summary of Evidence

1. Legal statement of E;

1. Investigation report (to attach photographs of video images of booms);

1. A written diagnosis and a written estimate of repair costs;

1. The Defendant’s video recording CDs [the Defendant is: (a) the instant accident was caused by the Defendant’s failure to drive, and the Defendant’s intent is not acknowledged; (b) the victim’s degree of injury is difficult to be deemed as an injury under the Criminal Act because the injured party’s physiological function is not damaged; and (c) the Defendant’s vehicle operation led the victim or a third party to incur danger to his/her life or body, in light of the developments leading up to the instant accident and the degree of damage, etc.

It is difficult to see that the crime of special injury or special damage does not constitute a dangerous object.

1. However,

참조조문

-형법

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