beta
(영문) 대구지방법원 2016.04.22 2016고합95

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

Defendant shall be punished by imprisonment with prison labor of one year and six months and by a fine of 300,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On January 9, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver) stated that the victim E (50 years old) was aboard the back seat of the F taxi and arrived at a destination, and that the victim “no money is paid to the victim,” and that the victim was driving to go to a nearby police station in the vicinity of the said police station, “the victim was able to go to a destination,” and that the victim was able to go to a police station in the vicinity of the said station, “the driver was able to go to a flusium, flusium, flusium and flusium flusium flusium flusium flusium flusium 14 days for treatment.”

2. On January 9, 2016, the Defendant committed a violation of the Punishment of Minor Offenses Act (a violation of the Act on Punishment of Minor Offenses) (a violation of the Act on Punishment of Minor Offenses) (a violation of the Act on Punishment of Minor Offenses) (a violation of the Act on Punishment of Minor Offenses) and completed a basic investigation by voluntarily accompanying the same district as the village of the Daegu-gu Dong Police Station, Daegu-dong Police Station on the grounds of paragraph (1) of the same Article, and subsequently, the Defendant was unable to avoid disturbance, such as, under the influence of alcohol, “I ambling, fome, fome, f

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with respect to E (including a written diagnosis of additional injury);

1. Application of the Punishment of Minor Offenses Act, and the Acts and subordinate statutes reporting the arrest of flagrant offenders;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing a driver's injury) concerning the crime, and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of column for revocation of the official document, and the selection of fines);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act [Article 53 and Article 55(1)3 of the Act on the Aggravated Punishment, etc. of Specific Crimes (with respect to a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, taking the following sentencing into consideration favorable circumstances

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel regarding the assertion of the defendant and his defense counsel under Articles 62(1) and 62(2) of the Criminal Act (the following sentencing has been considered as favorable to the defendant) of the suspended sentence.