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(영문) 대구지방법원 서부지원 2019.05.02 2018고단2520
특수상해등
Text

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

except that 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

On May 21, 2018, the Defendant operated the B rocketing car owned by the Defendant and proceeded with the two lanes in order to change the course from three lanes to two lanes in the area of Daegu ICT in accordance with the Seoul Metropolitan Government, which is located in the Seoul Metropolitan City, to two lanes in the three lanes in front of the decision-making dispute resolutionD, the Defendant saw that the victim E(36 years old)'s low-speed car in order to change the course from three lanes to two lanes in the same direction, and tried to change the course from three lanes to one lane in the vehicle of the Defendant.

In addition, in order to resist the victim's right-hand, the defendant saw the above-mentioned road from the first to the second two-lane, and immediately operated the above rocketing car to the right-hand side of the driver's low-speed car, thereby shocking the part before the left-hand side of the driver's low-speed car, thereby causing approximately two weeks of treatment to the victim, and damaged the vehicle owned by the victim to the extent that the amount equivalent to KRW 10,453,600 of the repair cost is 10,453,60.

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

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Police suspect interrogation protocol regarding E;

1. Investigation reports (with regard to the verification of image images of booms vehicles), investigation reports (verification of costs, etc. for repairing damaged vehicles), and investigation reports (the current status of the payment of insurance proceeds for damaged vehicles);

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 258-2 (1), 257 (1) (a point of special injury), 369 (1), and 366 (a) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment prescribed for the crime of special injury heavier than punishment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62(1) of the Criminal Act:

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