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(영문) 서울중앙지방법원 2015.02.05 2014고단9980
특정범죄가중처벌등에관한법률위반(운전자폭행등)
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 3, 2011, the Defendant was sentenced to a suspended sentence of six months for the purpose of obstruction of performance of official duties at the Seoul Central District Court, and on September 14, 2012, the Defendant was sentenced to a suspended sentence of one year for obstruction of performance of official duties, etc. at the same court, and the sentence of the suspended sentence was invalidated, and the Seoul Detention Center was released on September 30, 2013 during the execution of the sentence and the parole period terminated on December 7, 2012.

On August 14, 2014, the Defendant: (a) around 04:25 on August 14, 2014, the Defendant: (b) stated the victim operating a taxi in the front of the Gun Station located in Gwangjin-gu Seoul Special Metropolitan City (the age of 55) in the direction of the victim C (the age of 55), who is driving in the front of the Gun Station; (c) stated that the victim who is driving a taxi in the vicinity of the Hannam Station located in Seocho-gu Seoul Seocho-gu, Seocho-gu, would face without any justifiable reason; (d) placed the victim’s hand who is driving a taxi in the fluor of the fluor; and (d) laid the victim in a fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. C’s statement;

1. The suspect's clothes and photographs;

1. Criminal records, etc.;

1. Application of Acts and subordinate statutes on the current status of individual reduction/Incarceration;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with labor for the crime concerned;

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] 2 months to 10 months (the basic area] from 2 months to 10 months (the decision of sentence] of the Criminal Act is likely to cause harm not only to the vehicle on which the defendant was on board but also to other vehicles running on the road when a traffic accident occurs by exercising the force against the victim.

In addition, the defendant is drunk.

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