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(영문) 부산지방법원 2013.10.24 2013고단3472

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:00 on May 11, 2013, the Defendant: (a) was boarding a Do private taxi operated by the victim C in front of the Busan East-dong Busan-dong, Busan-do, and was under the influence of alcohol, and was on the part of the victim's head once on the ground that the victim wants to open his/her personal taxi qualification in the south-gu, Busan-dong; and (b) on the part of the cell phone, the Defendant inflicted an injury on the victim's head once on the part of the victim on the ground that the victim was able to remove his/her personal taxi qualification under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to each investigation report (the Nos. 3, 4, 7 of the evidence list);

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

1. It shall be decided as ordered on the grounds of Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 500,000 won for the victim; Supreme Court Decision 200,000 won has not been sentenced to