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(영문) 부산지방법원 2018.09.28 2018노123

특수상해등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment with prison labor, two years of probation, observation of protection, community service, 160 hours in community service, 40 hours in violent therapy, 40 hours in compliance driving lectures, and 40 hours in compliance driving lectures) is deemed to be too uneasy and unfair.

2. It is recognized that the judgment defendant made a confession of all crimes, and there is no record of punishment heavier than the fine.

However, the crime of special injury of this case, special property damage, assault, and traffic violation (drinking) is very dangerous that the defendant temporarily stops while driving under the influence of 0.198% alcohol while driving under the influence of alcohol, for the reason that the damaged taxi was obstructed the progress of the defendant's vehicle while driving under the influence of alcohol, and then has got the damaged taxi driver to take retaliation against the defendant vehicle, and caused the damaged taxi driver to injure the damaged taxi driver by getting the damaged taxi driver to do so, and the crime is very heavy, and the liability for the crime is very high, and that it is highly likely that the damaged taxi driver would be displayed on the traffic accident to a good citizen. The defendant was punished once as violent crime, 3 times, violation of the Road Traffic Act (dacting), and 2. The defendant did not take into account the motive and face of the victim of the crime of this case, and it appears that he did not take into account all the circumstances of the crime of this case, including the crime of this case.