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(영문) 대전지방법원 2013.08.16 2013고단1866
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. Around 17:30 on December 26, 2013, the Defendant: (a) driven a car at C in the “E” parking lot located in Daejeon-gu, Daejeon-gu; (b) had a duty of care to prevent an accident by accurately operating the steering steering system; (c) neglected the duty of care to prevent an accident; and (d) escaped without taking necessary measures, such as rescue, etc., by driving a car at C in front of the steering chief of the car in question, and destroying KRW 1,125,000 of the repair cost, and stopping it.

2. The Defendant violated the Punishment of Violence, etc. Act (a collective injury with a deadly weapon, etc.) prevented the victim F (the age of 40) from escaping without any measure as above at the same time and place, and prevented the Defendant from driving ahead of the Defendant’s car (the age of 40). In doing so, the victim’s front part of the vehicle, which is a dangerous object, caused damage to the victim by shocking the victim’s bridge part at the front part of the vehicle, which is a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the written estimate for damaged vehicles;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257 (1) of the Criminal Act (the point of injuring a dangerous object) and Articles 148 and 52 (1) of the Road Traffic Act (the point of taking measures not to be taken after destruction and damage, and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act.

1. Suspension of execution: This type of fine under Article 62 (1) of the Criminal Act is not less than twice;

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