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(영문) 대구지방법원 2017.11.28 2017고단5491

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 13, 2017, the Defendant: (a) was under the influence of alcohol on the roads near Young-gu, Daegubuk-do, 259 (doll-dong), Daegu-do; (b) was under the influence of alcohol on the roads near Young-gu, Daegu-do, 259 (Doll-dong); and (c) was a customer at the back seat of the C-si and was under the destination of destination; and (d) was requested by the Defendant to request that the victim be able to look at the boom and the driver’s seat while walking the 22:50 on September 13, 201.

"A driver of a motor vehicle who is in operation on a one-time basis of the back part of the victim's back on drinking, who assaults the driver of a motor vehicle in operation."

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. B written statements;

1. Internal History Report (Attachment of Blue Video Recordings) - Application of the Acts and subordinate statutes governing video products CDs;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes that choose

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for community service work;

1. Where he/she assaults a driver of a motor vehicle running in the aggravated area (from April to one year) (a special aggravated person) of Category 1 (the scope of a recommended punishment) of the sentencing criteria for the crimes of assault;

2. It is an unfavorable circumstance that the driver of a motor vehicle who is determined to be sentenced and is able to take a bath and assault to the driver of the motor vehicle, and the nature of the crime is not good in light of the danger, etc., and the use of the document is not received from the victim.

The fact that the confession of the crime is against the wrong, and that there is no past record of the crime beyond the fine, etc. are favorable to the defendant.

Other conditions of sentencing, such as the defendant's age, sex, family relations, records of crimes, the circumstances of this case, and the future progress, shall be determined in the same manner as the order.