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(영문) 대구지방법원 2015.02.13 2014고합614

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 12, 2014, around 00:20 on July 12, 2014, the Defendant was boarding the Defendant’s car in front of the D cafeteria, which was driven by the victim E (the age of 47) on behalf of the Defendant in front of the D cafeteria, and was going to a destination. On the ground that the victim was not in front of the 1975 Taeak Apartment Apartment apartment as the Daegu Middle-gu, Daegu, and was not in front of the destination, the Defendant placed the victim on the back of the 1975 king apartment at the time of drinking, and had the victim undergo approximately two weeks of treatment.

Accordingly, the defendant injured the driver of an automobile in operation.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol of examination of part of the defendant by prosecution;

1. Application of each investigation report (including attached documents), injury diagnosis report, medical records, and Acts and subordinate statutes;

1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The Defendant asserts that at the time of determining the Defendant’s assertion as to Article 62(1) of the Act on the Suspension of Execution (hereinafter referred to as “the grounds for sentencing”), the Defendant only carried the victim’s shoulder while driving the vehicle on two occasions with the hand floor and did not inflict any injury upon the victim’s head by drinking.

However, according to the records of the Defendant’s assault and its circumstances as well as the victim’s statement in a specific and consistent manner, the following facts are acknowledged: (a) the Defendant took the back of the victim operating a vehicle on July 12, 2014 by force on two occasions; (b) the victim was diagnosed on July 14, 2014 on the ground that the victim was assaulted by drinking while driving a vehicle on behalf of the hospital on July 14, 2014; and (c) was issued a written diagnosis of injury on July 26, 2014 by using the back, head, right shoulder, etc.; and (d) the victim was issued a written diagnosis of injury on the ground that the victim was exposed to drinking during driving on behalf of the hospital on July 14, 2014.