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(영문) 대전지방법원 천안지원 2019.02.13 2018고합249
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 three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On October 19, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) (hereinafter referred to as “Aggravated Punishment, etc.”) was a driver, who was operated by the victim D (the age of 42) on the street in the singing line B located in Asan-si B, and went into a F apartment as a destination.

The Defendant, at the time of arrival in a destination, was serving a victim's speech dispute with the police station as a matter of the charge, and the victim went to the G box in the Asan Police Station in order to request the assistance of the police officer, and in order to prevent this, the Defendant inflicted injury on the victim's face while driving the said taxi at a drinking time around the time when the said cab passed at the I No. H in the Asan-si, and then plucked off the victim's face while driving the said taxi to the right side of the said cab, thereby leaving the said cab into a dry field outside the road, by plucking up the victim's face of the victim who was driving the said cab at the right side of the said cab, which requires approximately two weeks medical treatment.

Accordingly, the defendant abused the driver of a vehicle in operation and inflicted an injury on him.

2. The Defendant causing property damage, at around 00:30 on October 19, 2018, destroyed the damage that caused the said taxi to be repaired in an amount equivalent to KRW 622,466, repair cost, such as a panion damage, by plpling or digging the hand-out hand of the said taxi in the process of the dispute as described in the foregoing paragraph (1), to the right side of the said taxi that was in the process of the dispute, and making the said taxi fall into a dry field bank outside the road.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes, such as scene of damage and photographs of damaged vehicles;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 366 of the Criminal Act concerning the crime;

1. Of concurrent crimes, punishment under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall be imposed.

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