(영문) 대전지방법원 홍성지원 2020.06.23 2019고정185

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(영문) 대전지방법원 홍성지원 2020.06.23 2019고정185

특수폭행등

Text

Punishment on the accused shall be determined by a fine of KRW 500,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who drives a BMW328i car.

On May 30, 2019, the Defendant driven the above car at around 1:48, and turned to the left at the port of the south Hongsung-gun by one lane. On the ground that the injured party F (45 years of age) who is the driver of the EF truck, who is the driver of the EF truck at the left turn at the same intersection, turned to the left at the port of the port. However, after changing the vehicle from the first lane to the second lane, the Defendant suddened the vehicle to the front part of the above truck, and caused the collision with the latter part of the vehicle.

Accordingly, the defendant assaulted the victim with a car, which is a dangerous object, at the same time, damaged the front part of the truck to be repaired by 5.10,00 won.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. The actual condition survey report;

1. In full view of the evidence submitted, such as field photographs and one CD screen image (the fact that the Defendant intentionally changed his own car line in the victim’s future and gave a rapid speed, and even if it was the primary purpose of setting up the damaged vehicle, it is reasonable to deem that such act was recognized as having been influently and even when considering that the intrinsic characteristics of the damaged vehicle make it difficult to reduce the speed of the damaged vehicle due to its low speed, and that the damaged vehicle is likely to shock the Defendant vehicle, even if it is not possible to reduce the speed of the damaged vehicle (the damaged vehicle is difficult to reduce the speed by a car truck with heavy weight).

3) In light of the fact that the Defendant changed the bus line and took a bath (see, e.g., video of the Defendant’s vehicle), it is difficult to deem that the Defendant was not at the time. Therefore, the Defendant’s assertion that the Defendant did not have the intention of assault and damage cannot be accepted.) applying the law.

1. Articles 261, 260(1) (a) and 369(1) and 366 of the Criminal Act regarding criminal facts.

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