(영문) 수원지방법원 성남지원 2014.05.29 2014고단284

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굵기

줄 간격

자간(%)

(영문) 수원지방법원 성남지원 2014.05.29 2014고단284

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

At around 23:06 on January 29, 2014, the Defendant: (a) committed assault against the victim, who is a driver of a motor vehicle in operation, such as the driver of a motor vehicle, who was driven by the victim C (the 63 years of age) while drunkly driven by the victim C (the 63 years of age) in a private taxi and driving the internal cycle road located in Seongdong-gu Seoul Metropolitan Government in a private taxi, demanding the victim to set a taxi near the private taxi; (b) the victim requested the victim to set the taxi, but the victim cannot set the taxi due to the expressway.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of blackbox CDs and damaged photographic Acts and subordinate statutes

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;

1. Article 62(1) of the Criminal Act (see, e.g., Reasons for sentencing)

1. In full view of the following circumstances: (a) in light of the fact that the assault against the driver of a motor vehicle on the grounds of sentencing under Article 62-2 of the Social Service Order Act may lead to a large traffic accident, it is necessary to strictly punish the defendant in accordance with the legislative intent of the Act on the Aggravated Punishment, etc. of Specific Crimes because the nature of the crime may not be light; (b) the defendant has several records of punishment for the crime committed in the course of his taking over; and (c) the defendant has not been agreed with the victim; (d) on the other hand, there are unfavorable circumstances such as the fact that the defendant recognized the defendant's mistake and reflects it; (c) the defendant deposited one million won for the victim; and (d) there is no record of punishment exceeding the fine, and other favorable circumstances such as the defendant's age, character and conduct, environment (in particular, it is the position that the defendant needs to support his mother).

Accordingly, the defendant shall be sentenced to imprisonment.

참조조문

-특정범죄 가중처벌 등에 관한 법률

-특정범죄 가중처벌 등에 관한 법률 제5조의10 제1항

-형법 제62조 제1항

-형법 제62조의2

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