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(영문) 울산지방법원 2017.11.30 2017고합175
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 29, 2016, the Defendant was sentenced to two years of suspended sentence for one year of imprisonment with prison labor by the Ulsan District Court on September 29, 2016, and the said judgment became final and conclusive on October 7, 2016, and is currently under suspended sentence.

On June 6, 2017, at around 21:55, the Defendant laid a taxi in front of “E pharmacy” located in Ulsan-gu, Ulsan-gu, U.S., U.S., for returning to the country under the influence of alcohol in front of the “E pharmacy,” and passed without stopping even though the 5 business taxi in G K5 business-use, and the Defendant stopped after passing through the Defendant with the electric stop signal. As the said taxi stops with the electric stop signal, the Defendant laid down the window of the driver’s seat in drinking by drinking it, and the Defendant sawed the victim’s face three times by drinking.

The Defendant continued to flick the door of the above taxi driver's seat in one hand, and then flicked, subleted, flicked, and flicked the victim out of the taxi, and flicked the victim who flicked at the port, and flicked the victim's face, body, and flicked after the driver's seat.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the F’s legal statement, and F’s police statement protocol against F was assaulted by the Defendant at the police station as stated in the instant facts charged;

However, in light of H’s legal statement, the F’s police statement is credibility, even though the court reversed the statement to the effect that “the Defendant saw the drinking, but only satisfing the drinking,” the statement was reversed.

1. The legal statement of H;

1. Determination of each investigation report and the assertion of the defendant and his/her defense counsel

1. The Defendant, at the time of the instant crime, lacks the ability to discern things or make decisions under the influence of alcohol.

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