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(영문) 부산지방법원 2014.03.12 2013고단4998

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who engages in his own business.

1. Around July 03, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents, Violence, etc.) committed an assault on one occasion by the victim’s hand on the part of the victim, who was driving in E-si driven by the victim D (the age of 45) in front of Busan Yandong C, on the ground that the victim was a U-turn.

2. In the case of injury, in front of Gsung Party F in Busan Metropolitan City, the Defendant strongly closed the taxi while getting off the taxi, and the victim said that the Defendant “dying off the taxi” means “dying the taxi from the taxi, dying off the right side, internal walls, and lower walls that need approximately eight weeks of treatment due to drinking and launching.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. The application of Acts and subordinate statutes to investigation reports (inflicting medical certificates and opinions attached);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 257 (1) of the Criminal Act (the point of violence and imprisonment with prison labor) concerning criminal facts and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. As to the assertion of the defendant and his defense counsel under Article 62(1) of the Criminal Act (see, e.g., the agreement with the victim) and Article 62(1) of the Act on the Suspension of Execution, the defendant and his defense counsel stated that they were drunk at the time of each of the crimes of this case and alleged that they were in the state of mental disorder or mental disorder. Thus, according to the records, the defendant was found to have a drinking prior to the crime of this case, but the defendant

The defendant's above assertion cannot be accepted as it seems to be in a state or weak condition.