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(영문) 서울북부지방법원 2017.12.08 2017고단3990
특수상해등
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 July 27, 2017, at around 15:19, the Defendant driven one ton cargo vehicle B B B, and was driving along one lane of the two-lane road in front of the Seoul Highway, the error of the 573-1, China-China, the Seoul Highway direction, the Defendant 1 ton of the victim C(68 tax) driving on the two-lanes, where the two-lanes stand in front of the Defendant’s vehicle. The Defendant saw the Defendant into drinking water on the ground that the 1 ton truck of the victim C(68 tax) driving on the two-lanes came in front of the Defendant’s vehicle.

As a result, the Defendant changed the B Poter truck to the second line, thereby driving the first vehicle by side of the damaged vehicle, and then changed the direction rapidly to the left side of the Poter vehicle of the Defendant driving, and damaged the damaged vehicle by taking the front side of the Poter vehicle of the Poter vehicle in front of the left side of the Poter vehicle of the Poter to take approximately two weeks back the right side of the Poter vehicle, and damaged the victim E (V, 66 years of age) who was accompanied by the rash with the moon with no head open in need of treatment for about three weeks, and at the same time, KRW 660,000 of the Poter vehicle was repaired.

Accordingly, the defendant, using dangerous cargo vehicles, inflicted an injury on the victims, and damages the damaged vehicle at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Each written diagnosis;

1. Written estimate;

1. Application of statutes on video CDs and photographs of damaged vehicles;

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 Competition;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the nature of the crime is not somewhat weak in light of the background, content, risk, etc. of each of the instant crimes; (b) the Defendant confessions and reflects each of the instant crimes; and (c) the victims’ injury is not severe.

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