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(영문) 대구지방법원 2014.08.14 2014고단953

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:40-23:50 on October 12, 2013, the Defendant: (a) under the influence of alcohol in the street near the front school located in 12-lane 7, Sinsan-si, the Defendant did not accurately speak the destination; (b) stated that “When the Defendant arrives at the destination, it is not re-feasd. Ga. Ga. Had. Had. Had. Had. Had. Had. Had. Had. Hadd. Had.], the Defendant did not reverse the road to another place, and did not look at the house continuously, and the victim she did not look at the road, and did not look at it.” The Defendant asked the victim’s home address to “Iss own right-hand son, Do, I cannot see the victim’s desire to use the taxi at the right right-hand side of the vehicle,” and the victim parked the vehicle “Is the victim’s son who would me with the victim’s end.”

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement of prosecutorial statement concerning C;

1. Application of the Act and subordinate statutes to photograph, estimate, and 112 reported details [ although the defendant denies the assault, it is sufficiently recognized that according to the consistent statement, photograph, quotation, etc. of the witness C, the defendant committed the assault against the driver as stated in the judgment of the court]

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant Act on the Specific Crimes;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] The basic area (two months to ten months) of the crime of assault (general assault) [the decision of sentence] of the basic area (two months to a special person] [the decision of sentence] of the defendant's assaulting a driver is highly dangerous.