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(영문) 부산고등법원 (창원) 2014.07.02 2014노103

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

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The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The judgment is against the defendant when the crime is committed, and the crime of injury resulting from the assault of the driver in this case is not judged to the extent of mental disorder, but under the influence of alcohol, the circumstance that the victim, who is a taxi driver, committed a cab without cash, disregards or insults the cab without cash, and there are no circumstances to consider the situation. The degree of injury the victim suffered from the driver's assault crime is not serious, and the defendant is under the agreement with the victim. The victim is the victim's preference against the defendant. The object of the defendant'sless driving without a driver's license is relatively weak in danger or illegality compared to the motor vehicle. Since the defendant suffers alcohol survival after the traffic accident in 207, the defendant seems to have caused for the crime in this case, there is concern that the acceptance of the defendant might entail economic difficulties in the family of the defendant, and the defendant's family's guidance and guidance of the defendant are more favorable to the defendant in the future.

However, the facts of the crime of this case recognized by evidence, evidence law and legal principles are as follows: the defendant assaulted the victim, who is a taxi driver, on his own boarding, and caused the injury, and there is a heavy liability for such crime; since 2000, the defendant has served not only seven times as a driving without a license, four times as a drinking driver, and one time as a refusal to take a drinking, and one time as a result of a refusal to take a drinking test; and in 2011, there is no room for the suspension of the execution of imprisonment with prison labor for 6 months as a crime of violation of the Road Traffic Act, even though he was sentenced to a two-year sentence as a result of the same crime.

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