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(영문) 대구지방법원 서부지원 2020.04.09 2019고단2356
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On August 18, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents, Violence, etc.) went through from around 08:56 to 09:20 on the same day, the Defendant threatened a driver, who is a driver of a motor vehicle in operation, such as: (a) the victim, on board the top of the steering line of the D private taxi vehicle driven by the victim C (the age of 63) before the Daegu Seo-gu B market, and was moving to the E market, who is a destination; and (b) the driver, who continues to be able to take a bath, stating, “I am fladro, fla, fladro,” and “I am flaf, flaf, I am flaf, and I am am flaf once again,” and embling the victim’s right.

2. From around 09:20 on August 18, 2019 to 09:35 on the same day, the Defendant: (a) in the street in front of the Gmaart in Daegu Seo-gu, Daegu-gu; (b) when the said victim C arrives at the destination and demanded the Defendant to pay a taxi fee; (c) the Defendant, as a drinking, did not take a bath to “the string of the taxi vehicle” and “the string of the taxi vehicle until the spaws and the recons, one time until the spaws out”; (d) upon receiving a 112 report from the victim, the Defendant interfered with the victim’s taxi business by force by getting the police officer to arrive at the site and getting the victim out of the driver’s seat, getting the driver’s seat, getting the driver’s seat, and getting the driver’s seat aboard again, thereby obstructing the victim

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A written statement;

1. Police seizure records;

1. Application of Acts and subordinate statutes on photographs, such as the scene of occurrence, and taxi fares receipts;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. The sentencing criteria shall be set.

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