특정범죄가중처벌등에관한법률위반(운전자폭행등)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Around 04:00 on January 21, 2017, the Defendant damaged the victim C’s face and neck by drinking approximately six times without any justifiable reason while driving the ebbbbbb, etc. in the vicinity of the end of the city in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, by driving the victim C (50 years of age) on the road in front of the 1614 new forest street, south-gu, Seoul Special Metropolitan City, Seoul Special Metropolitan City, the Defendant damaged the victim C’s face and neck by drinking around 6 times without any reason.
Accordingly, the defendant assaulted the driver of the vehicle in operation and damaged the property.
2. On January 21, 2017, at around 04:30, the Defendant: (a) was arrested in a flagrant act on the front side of Geumcheon-gu Seoul, Geumcheon-gu, for the same reasons as the foregoing paragraph; (b) around 06:50 on the same day, the Defendant was waiting in the gold-gu Police Station type and the investigative waiting room located in the Nam-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, Seoul Special Metropolitan City, the Defendant, while under the influence of alcohol, dumping the wood partitions of the investigative waiting room several times to cut off, without any reason, and dump approximately 20 m of the screen so that he can become effective.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of damage C;
1. Investigation report (Analysis of images damaged to public goods), video CDs;
1. Application of Acts and subordinate statutes to a report on investigation;
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Crime, Article 366 of the Criminal Act and Article 141 (1) of the Criminal Act (damage to Public Articles and Selection of Imprisonment)
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Taking into account the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, the circumstances leading up to the crime, the victim’s penal source, the degree of damage, the record of the crime and other sentencing