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(영문) 울산지방법원 2014.08.12 2014고합100
특정범죄가중처벌등에관한법률위반(운전자폭행등)
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 28, 2014, the Defendant was under the influence of alcohol to the D urban bus driven by the victim C (year 51) on the street near real estate located in the Cheongdo-si, Ulsan-gun, Ulsan-do.

The Defendant, who was seated next to the driver’s seat, brought an obstacle to the operation of the victim, such as taking the victim’s bath, making the driver’s seat seat on the back of the bus, and caused the driver’s seat on the front of the bus, so that the Defendant, with the driver’s seat, takes a bath to the victim, such as “sponse, sponse, and drive in accordance with the principle of good faith,” and boomed the victim’s clothes, boomed the victim’s clothes while holding the cell phone, and boomed the victim’s hand carried on in order to operate the bus, so that the bus is faced with the said bus on the street.

As a result, the Defendant assaulted the driver of a vehicle in operation and caused the victim to suffer damage to the parts, such as the parts, the parts, and the parts, which require a medical treatment for about three weeks.

Summary of Evidence

1. Statement to C by the police;

1. Photographss by cutting a black stuffe image images;

1. Investigation report (Attachment of black boxes and video images);

1. Bluebbbox CDs;

1. A report on investigation (a video analysis of track records in a vehicle);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing criteria [Determination of types] No type 4 (Bodily Injury resulting from Violence to Drivers) (Determination of the recommended area] (Determination of the recommended area] basic area [Scope of recommendations] 1 year and six months to three years.

3. Determination of sentence: Imprisonment with prison labor, one year and six months, two years of suspended execution, and community service, the accused shall be a driver of buses on which many passengers board;

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