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The defendant shall be innocent.
Reasons
1. The Defendant, at around 08:10 on September 12, 2013, was trying to make a right-hand by driving a D-bppon vehicle (hereinafter referred to as “spon vehicle”) within the three-day distance prior to the Song-si Port located in Pyeongtaek-si Do. On the ground that there is a pedestrian signal crosswalk in the front line from the victim E (the age 51) who was working in the guidance service for children, etc., at that place, who was in the front line. However, the Defendant: (a) caused the victim to have a window of the open driving seat of the said vehicle installed on his hand and run as it is on the side; (b) despite the fact that the victim was sufficiently predicted that it could be different in the said process; and (c) caused the victim to be placed on the floor of the said vehicle while driving the vehicle away from the front line of the driver’s seat so that the victim may be placed on the road surface, and (d) caused the victim to have approximately two weeks medical treatment.
After all, the defendant carried a dangerous article, and inflicted an injury on the victim.
2. In a specific case, whether an article constitutes a “hazardous thing” under Article 3(1) of the Punishment of Violences, etc. Act shall be determined depending on whether the other party or a third party could feel any danger to human life or body when using the article in question in light of social norms. Such determination criteria likewise apply to cases where a person inflicts harm on human life or body or damages another person’s property by using a motor vehicle (see, e.g., Supreme Court Decision 2007Do3520, Mar. 26, 2009). The following facts recognized by the evidence duly adopted and duly examined by the court, namely,, the Defendant was placed at a time and place indicated in the facts charged as follows, on the ground that the victim (the age 51) who directed the other party or the third party, was travelling along the pedestrian crossing signal from the victim E (the age 51) who directed the other party.