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(영문) 서울서부지방법원 2019.07.10 2019고단1389
특수재물손괴등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

At around 21:30 on February 5, 2019, the Defendant driven a two-lane road of Yongsan-gu Seoul Metropolitan Government on the side of each area of Yongsan-gu, with CK5 si in the direction of distribution comparison, and driven the said car at a rapid speed from the two-lane to the one-lane speed of the victim D (ma, 69 years old) while driving at the speed of speed. However, the Defendant passed the said car at a rapid speed following the said knife and operated the knife in the future.

As a result, the Defendant, as a dangerous object, conflicted on the right side of the passenger car of the above benz, and suffered injury to the victim D and the victim F (the 65 years old), each of whom needs to be treated for about two weeks. Using a dangerous object, the Defendant destroyed the property equivalent to KRW 1.8 million in the estimation of repair cost, such as damage of the benz to the right side of the above benz.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. A written statement;

1. Written estimate;

1. The CD;

1. The defendant asserts that the accident occurred at the time and place stated in the facts charged, but the defendant tried to change the lane at the time, and that there was no sudden operation of the victim's vehicle by intentionally overtaking the victim's vehicle. However, according to the evidence of the judgment, it is recognized that at the time of the case, the defendant intentionally passed the victim's vehicle at a rapid speed from the two-lane to the one-lane in the same direction and caused an accident that conflicts with the victim's vehicle's right side on the left side of the defendant's taxi, by intentionally passing the victim's vehicle at a rapid speed, and driving the vehicle at a rapid speed in the future (in the absence of any vehicle at the front side of the defendant's second-lane, at the same time, at the front of the victim's vehicle).

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