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(영문) 대구지방법원 2015.07.24 2015고합171
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. On December 29, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) stated in the D Indictment that is operated by the Victim C (Age 58) in the vicinity of the realized distance near Daegu-gu, Daegu-gu. However, according to the records (victim’s statement and investigation record page 7), it is obvious that the Defendant is a clerical error in D, and thus, it is corrected ex officio.

택시 조수석에 승차해 가다가 2014. 12. 29. 22:50경 대구 달서구 죽전동에 있는 죽전네거리 부근에 이르러, 술에 취한 상태에서 위 택시 내에서 담배를 피우려 하는 피고인에게 피해자가 “택시 내에서는 담배를 피우지 마세요.”라고 하자 이에 화가 나, 위 택시를 운전 중인 피해자에게 “으슥한데 차를 세워라, 오늘 니 죽여 버린다. 이 새끼가 오늘 내 약올리네.”라고 욕설하면서 피해자의 멱살을 잡고 흔들고 피해자의 성대 부위를 손으로 움켜쥐었다.

As a result, the defendant assaulted the victim who is the driver of a vehicle in operation, and suffered injury to the victim, such as a satisfe satma, which requires approximately two weeks of medical treatment.

2. The Defendant causing property damage, as referred to in paragraph (1), was boarding at the head of D taxi operated by the victim C (the age of 58) on December 29, 2014 in the vicinity of the dead electric power plant located in Daegu-gu, Seogu, Daegu-gu, and caused damage to KRW 90,000, such as the cost of repair, which was incurred by cutting the inside of the said taxi and the cost of replacing the amount of the fluor and the cost of the fluoring the fluor by hand for the reason of paragraph (1).

Summary of Evidence

The application of the law of the report on internal investigation (including the statement of opinion of the victim hospital, a quotation, and documents attached thereto) to the defendant's legal statement C

1. Article 5-10 (2) (former part) and (1) (a) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 366 of the Criminal Act concerning criminal facts, and Article 5-10 (2) (the act causing violence to a driver), and imprisonment with prison labor;

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