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(영문) 대전지방법원 서산지원 2012.11.08 2012고합77

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for one year.

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

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) and damaged property on a taxi under the influence of alcohol to change things or make decisions with weak capacity, and the Defendant continued to suffer damage to the said taxi by getting the victim under the influence of alcohol in the victim D (the age of 57) driving in front of the restaurant in Seogsan-si on January 22, 2012, and getting the victim D (the age of 57) under the influence of alcohol in front of the restaurant in Seogsan-si, Seog-si, Seogcheon-si, and getting the victim under the influence of alcohol in the direction of the police, and at the same time, getting the victim under the influence of the above 6-day 4 lid in front of the said taxi and getting the victim to suffer damage to the said taxi by getting the victim under the influence of the above 14 lid in front of the said 6 lid."

2. The Defendant damaged the Handphone in a way that the victim did not report the Handphone to the police on the ground of the Handphone (a type SCH-E470) at the market price of 400,000 won owned by him/her in order to request assistance after the occurrence of the accident, at the above time, at the above time and place.

Summary of Evidence

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Report on occurrence (Special Family Law, Driver, Violence, etc.), investigation report (Special Family Law, Driver, Violence, etc.), each field photograph, cellular phone damage and photograph, black image CD, analysis report, and investigation report (report attached to the report on the scene of the accident);

1. A photograph of injury, certificate of injury, certificate of medical record, certificate of copy of medical record, and written estimate;

1. Details, etc. of medical treatment requested for cooperation in investigation; and