beta
(영문) 대전지방법원 2017.11.17 2017고합345

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

On May 30, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Daejeon District Court on May 30, 2013, and completed the execution of the sentence at a public prison on November 27, 2014.

1. On January 17, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver) committed at around 01:40, the Defendant: (a) placed the victim E (57) temporarily stopped in front of the Daejeon Pungdong C, and then placed the seat in the F taxi driven by the victim E (57) and without any justifiable reason, (b) placed the victim in the seat; (c) “this rings the victim at once while taking a bath for drinking; and (d) continued to take the victim’s seat in the direction of the Modong community service center, the Defendant identified the victim “this rings, dead, and discarded,” and investigated about what is, and what is, the △△△△△△△△△△.

The death will be discarded.

When she met the victim's chests and clothes for drinking while taking a bath, the victim was 14 days on the part of the victim, and the victim was in need of medical treatment.

Accordingly, the defendant injured the victim, who is the driver of the vehicle in operation.

2. On January 17, 2017, the Defendant violated the Punishment of Minor Offenses Act, 02:23, Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon, 246, and was under the influence of alcohol in the 246-dong area, it was difficult for the Defendant to avoid disturbance in the dong area, which is a government office of approximately 20 minutes of the east-gu, including spitation of spits on the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of preparation and statement of prosecutor E;

1. G statements;

1. A written diagnosis of injury;

1. Previous records: The current status of personal confinement, each judgment, and the application of Acts and subordinate statutes governing criminal history;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 5-10 (2) and 5-1 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Punishment of Minor Offenses.