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(영문) 대구지방법원 2014.04.29 2014고합11

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

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

Reasons

Punishment of the crime

1. Around 12:40 on December 12, 2013, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) (hereinafter “Aggravated Punishment, etc.”) heard from the victim the phrase “after the rear seat” after boarding a bus operated by the victim D (56 years of age) at the bus stops located in the Kimcheon-si Care and Custody Zone, Kimcheon-si, Kimcheon-si, and sought from the victim. On the same day, around 12:51, the said date, at around 12:51, the said bus was in operation of the bus with the driver’s seat, according to the following: (a) the victim who is running the bus with the driver’s seat at the time the bus was in operation; (b) whether the said bus was in front of the bus with the driver’s seat; and (c) whether the victim was in front of the bus; and (d) the victim was in operation of the bus with the victim’s face her finger and drinking.

2. On December 12, 2013, at the same place as indicated in paragraph (1) around 12:51, the Defendant: (a) inflicted assault on D and caused D to drive the said E bus at the same time as indicated in paragraph (1); (b) caused the said bus to go beyond the center line and to conflict with the victim G-owned housing fences located in Kimcheon-si, Kimcheon-si, located on the left-hand side of the road; (c) thereby impairing the victim’s market price of KRW 1,384,313 of the bus, which is the traffic owned by the victim company; and (d) damaged the victim G-owned market price, thereby impairing its utility.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and H;

1. Each police statement made to D and H;

1. Each report on investigation;

1. A written diagnosis of injury;

1. Written estimate;

1. Application of statutes on site photographs;

1. Relevant Article 5-10 (2) (former part) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 366 of the Criminal Act, which apply mutatis mutandis to criminal facts, the selection of punishment, and the selection of imprisonment;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;