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(영문) 대구지방법원 서부지원 2016.11.25 2016고단1950

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for six months.

except that 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

On September 10, 2016, around 00:10, the Defendant got in the back seat of the F taxi driven by the victim E (year 54) in Daegu, and asked the victim who is located in the destination anywhere, “Korea House Ga, X gue”. On September 10, 2016, the Defendant assaulted the victim who moved a taxi to another place at the request of the staff member of the gas station two times as a sudden drinking.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Although there is a record of being sentenced to two times a fine for the same kind of crime as the sentencing of Article 62(1) of the Criminal Act, the sentence of this case is to be suspended by taking into account the fact that the victim has agreed with the victim and that the disabled person of Grade III is the disabled person of Grade III of the language disorder.