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(영문) 서울서부지방법원 2014.10.28 2014고단2165
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 26, 2014, at around 01:15, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (accidents against Drivers) (hereinafter “Aggravated Punishment, etc.”) (hereinafter “Aggravated Punishment, etc.”) was boarding a D taxi operated by the victim C (the age of 49) on the road in front of Mapo-gu Seoul Mapo-gu Seoul building and driving it to the south-do, who is a destination, at the time of destination, the victim’s safety level was knicked, and the victim’

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

2. The Defendant illegally uses a motor vehicle and the violation of the Road Traffic Act (driving) at the above date, time, place, as seen above, driven a D taxi owned by the victim without the consent of the victim, while the victim was under the influence of alcohol at approximately 1.5km from the section of about 1.5km in Yeongdeungpo-gu Seoul Metropolitan Government to the end of the end of the Handondo-dong, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul.

As a result, the Defendant driven a motor vehicle while under influence of alcohol, and used a motor vehicle of another person temporarily without the consent of the right holder.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial reports on drivers;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 331-2 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for each crime;

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

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (see, e.g., the circumstances on which the reasons for the sentencing are indicated below) is [the scope of recommendation] the mitigated area (one month to eight months), the mitigated area (including a person who has been specially mitigated), the committee of punishment (including a serious effort to recover from damage), or the restoration of considerable damage (the decision of sentencing).

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