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(영문) 인천지방법원 2019.09.26 2019고단5026
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 10, 2019, at around 08:20, the Defendant operated a school-interest fire fighting road (226-1), which is located in Michuhol-gu Incheon, Michuhol-gu, Incheon, with B urban bus located in front of the school-interest fire fighting distance, and went through a school-interest distance protection area from the surface of the literature-based Gu road. On the ground that the victim C (40 years old)'s driving trucks changed the lane in the future of the bus and interfered with the Defendant's course by changing the lane, the Defendant changed the lane to the direction of the victim's truck, while driving the bus in the direction of the victim's own truck. On the left side of the bus operated by the Defendant, which is a dangerous object, caused the victim's injury, such as salt, tension, etc. of the trend that requires treatment for about two weeks, and at the same time destroyed the above truck that is owned by the victim by KRW 932,116.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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

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

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crimes (determination of Special Bodily Injury) (Special Bodily Injury) (Special Bodily Injury and Bodily Injury (Special Bodily Harm) / Special Bodily Injury (Special Aggravation of Punishment): Reduction element: The basic area of the motive for the crime [the scope of recommending area and recommendation range], and six months to two years;

B. Crimes (the determination of types) which are in the relationship of basic crimes with the ordinary concurrent crimes (the determination of types), destruction of repeated crimes, special damage [Article 1] Cumulative crimes, and special damage [Special Damage] which are in the relationship of causing concurrent crimes (the element of mitigation of punishment): The basic area of the motive for the crime [the scope of recommendation and recommendation], the basic area of imprisonment with prison labor from June to December.

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