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(영문) 인천지방법원 2018.05.03 2018고단1855
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 14, 2018, at around 02:20 on January 14, 2018, the Defendant failed to proceed despite a change in signal while driving a B Sspo-type car according to one-lane from the view of the mountain village located in the Nam-gu Incheon Metropolitan City Fisheries Complex to the tunnel of the fenced village.

Accordingly, the victim C (n, 40 years of age) who was trying to turn to the left from the vehicle behind the defendant's vehicle, left from his own vehicle, and left to the driver's seat of the defendant's vehicle by the defendant's vehicle.

“.....”

However, the Defendant started with the car driving seat of the car in the Switzerland, but the victim did not take the hand on which the son was able to drive the car above the ice and caused approximately 10 meters to be towed on the road by driving the car above the Switzerland.

As a result, the defendant carried a dangerous object with a car, and inflicted an injury on the victim, such as the need for treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. Application of the Acts and subordinate statutes concerning the closure of photographs;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. When it is discovered that the defendant was driven by drinking alcohol for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the nature and circumstances of the crime of this case committed by the victim while the victim was placed in order to escape are not somewhat weak in light of the circumstances of the crime.

However, under favorable circumstances, the defendant's age, sex and environment, motive and background of the crime, etc. are considered, such as the defendant's awareness of the crime, the degree of injury suffered by the victim is relatively minor, the fact that the victim has agreed smoothly with the victim, and there is no record of punishment exceeding the same kind of violence or fine.

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