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(영문) 대구지방법원 경주지원 2015.06.10 2015고단314

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 20, 2014, the Defendant was sentenced to two years of imprisonment for the crime of injury in the Daegu District Court and racing support, and the said judgment became final and conclusive on the 28th of the same month, and is currently under suspension of execution.

On March 11, 2015, at around 02:10 on March 11, 2015, the Defendant: (a) boarded a F taxi driven by the victim E (the age of 47) in front of the Dnonode bank located in Si-si, and took a bath to the victim without any particular reason while under the influence of alcohol; and (b) assaulted the driver of a vehicle driving on the part of the victim at one time with the hand floor of the victim at approximately 10 times after drinking.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement of E;

1. Report on internal investigation into the situation, etc. of mobilization, etc., report on internal investigation (the result of the verification of a taxi track), diagnosis report, investigation report (Attachment to a written agreement), investigation report (related to the rate of law), investigation report (to hear the victim's telephone statement);

1. Previous records of judgment: Application of inquiry report including criminal records, investigation reports (the records of the same kind of crime and the records of the suspension of execution), one written judgment, and one copy of the results of the consolidated case inquiry;

1. The grounds for sentencing [the scope of recommending punishment] under Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes for the relevant criminal facts and Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes [the scope of recommending punishment] shall be determined as the disposition in consideration of all the sentencing conditions provided for in Article 51 of the Criminal Act, which can be known through the records and arguments, including the following: (a) the basic area (two to ten months) [a person subject to special mitigation] in the case of assaulting a driver of a motor vehicle in operation [a sentence] [a decision of sentence]], but the victim and the driver of a motor vehicle under operation] have agreed smoothly.