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(영문) 울산지방법원 2018.11.02 2018고합196

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around May 10, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver) caused the victim C (the 47 years of age) (the representative driver), who was a proxy driver, to drive the Defendant’s BMW car in front of the mutual Buddhist funeral ceremony located in the Dong-gu Busan Metropolitan City, and the Defendant was on board the top of the above vehicle and moved to the Defendant’s residence located in Yangsan-si, Yangsan-si, Yangsan-si, 01:40 on the same day, and around 01:50 on the same day, the Defendant was on the victim’s right-hand eye and the entrance part of the victim’s 15-50 mass mountain-si, which was driving on an expressway near the Dong-si, without any justifiable reason.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

2. On May 10, 2018, the Defendant, at the Busan National University Hospital emergency room located in Yangsan-si, Geumsan-si on May 10, 2018, ordered the Defendant to take the head from the Defendant’s residence before the Defendant’s apartment site located in Yangsan-si, and obstructed a fire official’s legitimate performance of duties regarding the 119 first-aid treatment by taking the Defendant’s bath to G (37 years old) who sent the Defendant to the emergency room of the said hospital without any justifiable reason, and by taking the part of G’s title one time in his hand, and walking the part of G’s left-hand bucks with the Defendant walking at once.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police in relation to C and G;

1. Application of the Acts and subordinate statutes for medical certificates and investigation reporting;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing violence to a driver) against the crime, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, and the choice of imprisonment with prison labor);

1. The aggravated punishment of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be aggravated (the same shall apply to a driver’s assault, etc.).