특정범죄가중처벌등에관한법률위반(운전자폭행등)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On April 19, 2015, at around 10:10, the Defendant was boarding a G taxi operated by the Victim F (53 years of age) in the vicinity of the e-mail located in Busan Northern-gu, and the Defendant: (a) was under the influence of alcohol to the victim who was aware of where the destination was in his/her hand while taking a bath, such as “grings and chewing,” and was under the influence of alcohol; (b) placed the victim’s neck on one occasion; (c) placed the victim’s arms and shoulder at one time; and (d) placed the victim’s arms and shoulder while driving the said taxi in a gold box while the victim was unable to use the Defendant’s assault; and (d) took three to four times the part of the victim’s arms and shoulder by drinking it.
Accordingly, the Defendant assaulted the driver of a vehicle in operation.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. Application of the photographic Acts and subordinate statutes;
1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 311 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The part dismissing prosecution in consideration of the reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendation] of the Act on Probation and Social Service, the case where a driver of a motor vehicle in operation (the person in special custody) has assaulted the driver of a motor vehicle in the area of aggravated punishment (4-1 year) (the person in special custody) [the decision of sentence] of the same kind, but has reached an agreement with the victim, and is against the crime;
1. On April 19, 2015, at around 10:10, the Defendant publicly insultingd the victim by referring to the victim’s voice, i.e., “a son, a bitch son, a bitch bitch son, a bitch son, a bitch bitch bitch son, a bitch bitch bitch son, a bitch son, a bitch son, a bitch bitch son, a son, a son, and a son son.”
2. Subparagraph 5 of Article 327 of the Criminal Procedure Act (Submission of an agreement on August 17, 2015).