(영문) 서울북부지방법원 2015.04.28 2015고단214

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(영문) 서울북부지방법원 2015.04.28 2015고단214

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for 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

At around 18:40 on December 28, 2014, the Defendant: (a) was under the influence of alcohol to a F personal taxi operated by the victim E (the age of 57) in the vicinity of Drown-gu Seoul, Gangnam-gu, Seoul; and (b) the said taxi, the destination of which, in the vicinity of Drown-dong, Nowon-gu, Seoul, means: (c) the said taxi ought to go to the 3rd apartment complex; (d) the said taxi ought to go to the 3rd apartment complex in the vicinity of Drown-dong, Gangnam-gu, Seoul; (e) the said victim’s right shoulder part of the taxi was emitted once, and (e) three times the said taxi was sent to the front part of Drown-gu, Seoul; (e) the said victim would go to the police station; and (e) the victim would go to the front of the said apartment guard room, and (e) the victim failed to comply with the request of the victim to pay the fare after the use of the taxi.

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes on taxi photographs;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing in Article 62-2 of the Criminal Act [type of crime] Crimes of Violence, General Violence [Special Aggravation]: There is no element to reduce the driver's assault: [Scope of recommending punishment] [Article 62-2] There is a very high risk of causing traffic accidents in the event of assaulting the driver of a taxi in operation [decision of sentencing] in the aggravated area (from April to one year] [decision of sentencing] [Article 62-2] of the Criminal Act, it is necessary to strictly punish the taxi because there is a very high risk of causing traffic accidents. The fact that the previous or the same kind of violence is eighteen times disadvantageous to others, the confession of the crime, the fact that it is against the victim, the circumstances leading up

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의10 제1항

-형법 제62조 제1항

-형법 제62조의2

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