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(영문) 대전지방법원 2016.09.23 2016고단1550
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person driving a C-learning car.

On February 22, 2016, the Defendant driven the said car on February 17, 2016, and was going to drive the said car to enter into the IC seat seat of the Daegu-dong, Daejeon-dong, Seoul-dong, and followed by the victim D ( South, 58 years old) who continued to turn on three consecutive times the raised eM7 passenger cars driven by the EM7 passenger cars driven by the victim D ( South, 58 years old), while driving the said car on March 22, 2016, and stopped the vehicle by intentionally driving the eM7 passenger cars and stopping the vehicle following it.

F (n, South, 35 years old) The GM5 vehicle operated in this F (n.e., the front part of the F vehicle and the back part of the victim D vehicle.

As a result, the defendant carried a motor vehicle, which is a dangerous object, and inflicted an injury on the victim D, such as background, climatic salt, tension, etc. requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Each police statement made to D or F;

1. Satellite guidance at the scene of the occurrence of the incident;

1. On-site map;

1. A medical certificate;

1. Application of CD image Acts and subordinate statutes

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

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

1. Determination as to the assertion of the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. The main point of the argument is that the defendant stopped the vehicle that the defendant driven on the expressway lamps section. However, since the victim has continuously raised the headlights, the victim was making a stop in order to ask the victim about the reason, and there was no intention of injury as well as intentional act even if there was no intention of injury.

The victim's injury was followed by the victim's driver's SM7 car.

F is due to the conflict between the driver's car and the driver's car in violation of the duty of the F to maintain a safety distance, and it is not caused by the act of stopping by the defendant, so it is between the driver's stop and the result of the injury of the victim.

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