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(영문) 대전지방법원 천안지원 2019.07.18 2019고단676
특수상해등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On March 13, 2019, at around 06:49, the Defendant operated the 379-1 square intersection, Cheongju-si, Cheongju-si, Cheongju-dong, 379-1, and was driving at the top of the one-lane in the Cheongsan-si, Cheongsan-si, the Defendant changed the course from the two-lanes to the two-lanes, and operated the two-lanes to the two-lanes, thereby driving the vehicle at a speed lower than the two-lanes. However, the Defendant was willing to take a retaliation to drive the vehicle at a speed higher than the one-lane that the Defendant operated.

At around 06:50 on the same day, the Defendant changed the vehicle to one lane without maintaining the appropriate distance from the victim’s vehicle and the front part of the victim’s driver’s vehicle, and immediately following a sudden balk, followed by taking a balk in the front part of the victim’s driver’s vehicle and the front part of the victim’s driver’s vehicle.

As a result, the Defendant carried a dangerous object, thereby inflicting an injury on the victim, such as light salt, which requires treatment for about two weeks, and at the same time damaged the victim's automobile to be in excess of KRW 1,820,872.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate;

1. Written estimate;

1. In the application of Acts and subordinate statutes, investigation report [The defendant and his defense counsel claim that there was no conclusive intention on retaliation driving, and it can be recognized that there was an incomplete intention on the part of the defendant in full view of the video records (No. 12 list of evidence and sentencing data No. 6) submitted by the defendant along with the evidence presented by the defendant].

1. Articles 258-2 (1), 257 (1), 369 (1), and 366 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. One year of imprisonment to be suspended;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence acknowledges and reflects in depth the defendant's mistake, and is the first offender.

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