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(영문) 수원지방법원 2018.08.23 2018고정321
특수폭행등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of ready-mixed construction machinery B.

On September 23, 2017, the Defendant driven the above ready-mixed, which is a dangerous object 09:54 on September 23, 2017, and moved to a right-hand side of the area D elementary school, the Defendant was a victim F (37 years old) who was driving a rocketing motor vehicle at the left-hand side of the Defendant, and carried the horn into the right-hand side of the rocketing motor vehicle.

Ultimately, the Defendant assaulted the victim G (the 38 years of age), the victim H (the 9 years of age), and the victim I (the 1 year of age) who was on board the damaged vehicle with the above wing container, which is a dangerous object, and damaged the rocketing of the damaged vehicle to the sum of the repair cost amounting to KRW 2,247,869.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each statement of G, H and I;

1. Video cd;

1. A written estimate (the defendant and his/her defense counsel had no choice but to attack the three-lanes in round, on the way on which ready-mixed vehicles run, and there is sufficient distance from the damaged vehicle while trying to change the lane in order to keep the lane on the bus-only lane (four-lanes);

It argues to the effect that, based on the wrong judgment, the traffic accident caused by the negligence of entering the three-lanes, and that there was no intention of assault or damage to property against the victims.

However, the following circumstances are revealed by each black image of the Defendant’s vehicle and damaged vehicle. In other words, the Defendant made clear the sound of the damaged vehicle while bypassing as stated in the facts constituting an offense, and as the horn of the damaged vehicle continues two times while driving along four lanes after the right-hand line, the sound of the damaged vehicle continues two times, and the damaged vehicle driven on the three-lanes by raising the speed of the vehicle’s own speed, and then rapidly lowering the speed after changing the lane.

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