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(영문) 부산지방법원 2017.10.18 2017고단3233
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for 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

On June 20, 2017, at around 22:10, the Defendant was driving on the Samsung apartment in front of the Samsung apartment that was driven by the victim B in front of the Samsung apartment located in the Nam-dong 395, Nam-gu, Busan, and was under the influence of alcohol at the criminal intersection located in the Dong-gu, Busan, and was drinking once again, with the victim's right side of drinking, and the Defendant was able to take back the drinking water without any justifiable reason.

The defendant continued to stop in the Busan Dong-dong Police Station located in the Busan Dong-dong Police Station at the Busan Dong-dong Police Station, and stopped in front of the police box of the Dong-dong in the above taxi at once.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Selection of Imprisonment with prison labor) concerning the crime;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act on the suspension of execution is deemed as assaulting the victim who has driven a taxi as above, and is not suitable for the crime.

However, the sentence like the disposition is imposed in consideration of the following circumstances: (a) the Defendant is against the Defendant; (b) there is no previous conviction exceeding the fine; (c) the Defendant has agreed with the victim; and (d) the Defendant’s age, sexual conduct, environment, family relationship; (b) the motive and consequence of the offense; and (c) the circumstances surrounding the sentencing specified in the argument

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