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(영문) 인천지방법원 부천지원 2019.02.19 2018고단3211

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for not less than five 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

On October 25, 2018, at around 23:34, the Defendant: (a) assessed the face of the victim who was driving a cab for drinking without any justifiable reason while driving the cab while being driven by the victim C in front of the Da-si B, Bupyeong-si; (b) adjusted the walking of the cab into "P", and (c) assessed the victim's face on three occasions by opening the walk's door from the cab and driving the walk from the cab to the walk's hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to report internal investigation;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with labor for the crime;

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

1. General circumstances that are favorable to the defendant for sentencing under Article 62-2 of the Criminal Act (the fact that the defendant recognizes his/her own responsibility for the crime of this case, the agreement is reached with the victim), unfavorable circumstances (the risk of committing a crime against the taxi engineer, which the defendant was under the influence of alcohol without any particular reason, high-risk of the crime, poor quality of the crime, five times criminal punishment for the crime related to violence, and the defendant has three times criminal punishment for the crime related to violence since 2017), and other circumstances, such as the defendant's age, character and behavior, environment, method of the crime of this case, circumstances after the crime of this case, etc., as shown in the argument of this case, and sentencing guidelines for the crime of violation of the Aggravated Punishment, etc. of Specific Crimes Act, etc., shall be determined as per Disposition.