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(영문) 부산지방법원 동부지원 2017.06.08 2017고단678
특수상해등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 28, 2016, at around 16:17, the Defendant: (a) driven a wing-in truck with B, and driven a three-lane road in front of the apartment in front of the Busan Southern-gu, through two-lanes, into the opposite intersection from the south-west intersection; (b) the instant rocketing-in taxi driven by the victim C ( South, 59 years old) changed the line to the one-lane of the Defendant’s vehicle into the two-lane; and (c) the Defendant stopped the said rocketing-in taxi to the two-lane; (d) stopped in front of the victim’s vehicle; and (e) stopped in front of the victim’s vehicle; and (e) led the Defendant to see the rear right-hand part of the said vehicle driven by the Defendant with the front part of the rocketing-in taxi.

The Defendant, using a motor vehicle, which is a dangerous object, inflicted injury on the victim, such as brain-dead sugar that requires medical treatment for about three weeks, and, at the same time, damaged a taxi that is the victim’s ownership by making the department responsible for the amount equivalent to KRW 934,690 in total the repairing cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a traffic accident report (1 and 2), an accident scene, and photographs of related vehicles, diagnostic documents, written estimates, and investigation reports (fluorse image caps);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a special injury heavier than that of the punishment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the crime of this case committed by the Defendant was committed by destroying the other party and causing injury to the other party by driving at a retaliation, which is disadvantageous to the fact that the nature of the crime is not good.

However, the extent of damage is not very severe, and the defendant has reached an agreement with the victim.

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