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(영문) 대구지방법원 2019.05.08 2019고단805
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for four months.

except that 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

On October 26, 2018, the Defendant was sentenced to a fine of KRW 3 million by the Daegu District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On January 27, 2019, at around 03:55, the Defendant: (a) 03:55, the Defendant, while drinking in front of the “C” in the Daegu Suwon-gu, Daegu, and driving a vehicle, took a bath for the victim on the ground that the victim E (the age of 43) operating a D taxi that the Defendant gets on board, was able to take three times the back head of the victim’s walked with the damaged floor; and (b) the victim, who temporarily stops the fright of the fright of the fright of the fright to temporarily stop the fright of the fright, re

Accordingly, the defendant assaulted the victim who is operating cars.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Each report on investigation;

1. Previous records of judgment: Application of criminal records, repeated statements and summary order-related Acts and subordinate statutes;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the relevant criminal facts and Article 5-10 (1) of the same Act;

1. The sentence of the suspended sentence under Article 62(1) of the Criminal Act is to be imposed on the Defendant, taking into account the favorable sentencing factors, such as the fact that the Defendant has led to the instant crime even though he/she had the same criminal history, considering the confession of the Defendant, and the fact that he/she has agreed with the victim.

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