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(영문) 서울서부지방법원 2020.09.23 2019고단2599
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving service of K5-si in the Bank of Korea.

At around 23:20 on May 16, 2019, the Defendant, while driving the said taxi on the 5-line bus located in Mapo-gu Seoul Metropolitan City and driving the said taxi on the 4-line, was under the influence of the victim D (54 years old) driving the five-line lane in the front line, and was under the influence of the change of the bus in the front line in the front line of the said bus, and was under the influence of the traffic accident due to the sudden entry of the said bus into the five-line bus in the front line in the right side of the said bus.

As a result, the Defendant used the above taxi, which is a dangerous object, to the victim D, who is a driver of the above bus, for about three weeks of medical treatment. In addition, the Defendant applied to the victim F, who is the passenger of the above taxi, about two weeks of medical treatment.

Summary of Evidence

1. Application of Acts and subordinate statutes to each diagnosis document (as attached to the investigation report No. 6 of the evidence list No. 7 of the evidence list) which is written by the witness D’s statement in the Ficulty of the witness D;

1. Articles 258-2 (1) and 257 (1) and Articles 40 and 50 of the Criminal Act concerning facts constituting an offense;

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

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

1. Defendant’s assertion of Article 62-2 of the Social Service Order Criminal Act

A. After the bus stops at a bus stop, the taxi lane as indicated in the holding has been changed in the future, and the bus in the holding will be an accident at the same time.

B. The victim D received treatment at the hospital is merely due to his symptoms, and there is no causal relationship with the instant accident.

2. Determination

A. According to the victim D’s legal statement and the video recorded in the situation at the time of the case, the bus in the judgment of the victim D at the time of the case reaches the speed of the five-lane stop.

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