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(영문) 창원지방법원 진주지원 2018.11.15 2018고합112
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 10, 2018, the Defendant: (a) was on board the back seat of the E-si operated by the Defendant D (71) at the mother’s home of the Defendant in South-Namnam-gun on May 11:57, 2018 and moved to the seat of the Defendant located in F of the same Gun, and (b) was in possession of the victim’s refusal to stop, and the victim asked the victim to stop the taxi, the Defendant her back seat of the string of the si in possession of the victim, and the victim stoppeded the taxi at 4 times, the back head of the victim was cut off, and the victim sustained six times the victim’s back seat with the back seat of the driver’s seat, and she was able to take part in the victim’s body and the victim’s body, who was in possession of the body of the victim on the back seat of the son, and she was able to take part in the victim’s body, such as a bar.

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

Summary of Evidence

1. Statement by the defendant in court;

1. The statement made by the police for D, and the protocol of interrogation of suspect;

1. The application of Acts and subordinate statutes of each investigation report (No. 13, 18, 19, 27, monthly);

1. Article 5-10 (2) (former part) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes Concerning the crime of this case (the crime of this case occurred in the situation where the victim stops a taxi at the time or stops temporarily for passengers' getting on or off, but Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes explicitly stipulates that the case where a driver stops temporarily while driving a motor vehicle used for passenger transport business, falls under the case where the driver stops temporarily for passengers' getting on or off the taxi, and the motor vehicle is necessarily a motor vehicle.

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