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(영문) 서울북부지방법원 2015.01.15 2014고단4004
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Around 20:40 on March 12, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents, Violence, etc.) committed two times the back head of the victim by drinking alcohol in the vicinity of the passenger apartment street located in Jung-gu, Jung-gu, Seoul and the 44-ro 79-gil, Jung-gu, Seoul, while getting on and off the victim C (the age of 53) driving, without any justifiable reason. The victim resisted the Defendant after stopping and getting off the taxi in front of the Seoul Jung-gu, and resisted the victim’s face by drinking, and assaulted the driver of a motor vehicle driving by sprinking the victim’s fat.

2. At around 21:03 on the same day, the Defendant illegally used a motor vehicle, etc. for another person’s temporary use without the consent of the right holder, after getting on the taxi driver’s seat as set forth in paragraph (1) of the above amounting to KRW 16,00,000 at the market price, which the said victim was suffering from the starting between the case as set forth in paragraph (1) above and the case as set forth in paragraph (1) above.

3. Violation of the Road Traffic Act (driving) the Defendant driven the said taxi as described in the foregoing paragraph (2), while under the influence of alcohol with a blood alcohol concentration of 0.14% at the time and place specified in the foregoing paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. A written report from an employee of an employer;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-10 (1) of the same Act, Article 331-2 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of running a motor vehicle and the choice of imprisonment);

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment for which is the largest, shall be aggravated (the punishment for concurrent crimes against drivers or assault shall be aggravated, but

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