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(영문) 울산지방법원 2014.07.03 2014고단697

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On November 15, 2012, the Defendant was sentenced to a suspended sentence of two-year imprisonment for a crime of special obstruction of performance of official duties, etc. by the Ulsan District Court, which became final and conclusive on November 23, 2012, and is currently under suspended sentence.

【Criminal Facts】

On January 7, 2014, at around 10:45, the Defendant was on board the bus No. 114, which is a bus manager B (the age of 50) driving at the front bus stops of the Ulsan Science University located in Ulsan-dong, Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul-do, the Defendant was on the bus No. 114.

The Defendant, while getting on and getting off the bus, was drunk in the vicinity of the 2nd wing-ro 10, Ulsan-dong, Ulsan-gu, Ulsan-gu, and without any justifiable reason, displayed the victim several times of drinking to the victim, as the Defendant would be able to see this dog, sprinke, sprinke, and nick.”

Accordingly, the defendant threatened the driver of a vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A previous conviction in judgment: An inquiry report and the application of Acts and subordinate statutes for a criminal investigation report (Attachment to a judgment);

1. The relevant criminal facts, Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, the grounds for sentencing of sentence [the scope of recommending sentence] for sentencing of imprisonment [the grounds for sentencing of sentence] shall be the case where the driver of a motor vehicle in operation (the person under special special guard) threatens (the type 1), and the same repeated offense (excluding the types of habitual and repeated intimidation among the types 4] of the crime in this case (the decision of sentencing] is a threat, such as the expression of desire to harm the bus engineer under special guard. The crime in this case is a serious accident and is a dangerous crime that may threaten the safety of the passengers.

A majority of the criminal records such as the same criminal records, and the criminal records of this case were committed during the suspension of execution due to the previous conviction, and the criminal records of this case were based on the body of petroleum and their knife and knife and knife on the earth.