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(영문) 대구지방법원 서부지원 2014.05.23 2014고단292
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 22, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for the crime of injury at the Daegu District Court on August 2, 2013, and the judgment was finalized on November 30, 2013 and is still under probation.

1. On January 21, 201, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) committed an assault against a driver of a motor vehicle driving on the part of the victim, who was under the influence of alcohol while getting off and getting off the victim C (58 years old) taxi at 12 south-ro, Daegu-gu, Daegu-gu, about 37 years old.

2. On January 21, 2014, the Defendant: (a) 112 reported and sent out after having received a report of 112, the police officer F, who was a police officer belonging to the relevant police station, assigned the Defendant under the influence of alcohol along with the investigation of the instant case, sent the Defendant to the police station; (b) she was killed in front of the instant police box located in Daegu Seo-gu, Seogu, Daegu, and she took a bath, such as she was laid off on the road at the patrolhouse, and she took the her face, and interfered with the police officer’s legitimate performance of duties concerning the handling of the 112 reported case.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. Records before judgment: Application of inquiry reports and investigation reports (reports accompanied by a copy of judgment), including criminal records, etc.;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. From among concurrent crimes, the Defendant committed the instant crime without being sentenced to a suspended sentence of imprisonment for the same kind of crime and for not more than two months without being sentenced to a suspended sentence of imprisonment, and assaulted the victim on driving.

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