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(영문) 광주지방법원 목포지원 2017.07.14 2017고단535
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around January 6, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver) committed an assault against a driver of a vehicle in operation by breaking the victim’s head knife with the victim’s knife with the victim’s head knife with the victim’s knife with the victim’s head knife with the victim’s head knife with the victim’s head knife while getting on and getting on the victim’s B (36 knife).

2. On January 6, 2017, the Defendant, such as a motor vehicle, was assaulted in the vicinity of the “Rap Second Apartment House” located in Sejong-si on a wooden-si basis and was tried to make a statement of damage to the police officers dispatched to the site on the part of the Defendant, using the cres set off from the front seat of the said taxi to the driver’s seat, and used approximately 600 meters away from the lower seat of the said taxi to the front road of the E Hospital located in Sejong-si, the Defendant temporarily used another person’s motor vehicle without his/her right holder’s consent.

3. The Defendant violated the Road Traffic Act (drinking driving) driving the said taxi as described in paragraph 2, while under the influence of alcohol with 0.202% alcohol concentration in blood at the time and place specified in paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a criminal investigation report, a photograph at the time of the victim, a notice of the result of regulating drinking driving, and a CCTV image photograph;

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, and Articles 148-2(2)1 and 44(1) of the Road Traffic Act: Selection of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the said Act [the lowest sentence of imprisonment shall be applicable to the crimes that violate the Road Traffic Act, and shall be applicable thereto];

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act is to recognize and reflect the instant crime, and to constitute contingent crimes.

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