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(영문) 서울중앙지방법원 2014.03.13 2014고단461
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On January 5, 2014, the Defendant was under the influence of alcohol on January 23:20, 2014, and the victim C (the age of 52) gets on the front of the “LGbeststst Stackol” road located in Seongbuk-gu Seoul, Seongbuk-dong, Seongbuk-gu, Seoul, and said the Defendant called “Egas filling station”.

Accordingly, the victim took a bath that “the victim, who is driving the said taxi, is called “the half-day and guest,” and the victim took a bath that “the victim, who is working the said taxi, sees to see, see, see, see, see, see, and sees to see several ages of internal age,” and assaulted both eyess of the victim due to fingers, see, see, e.g., the victim’s left eye by drinking, and falping the balle.

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

2. When the Defendant assaulted the victim C (the age of 52) as stated in paragraph (1), the victim was driving the above taxi at the terminal traffic center in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seoul on January 5, 2014 and requested assistance from the above transport center.

In order to undergo an investigation at the above traffic center, the Defendant, while waiting for the victim, expressed the victim’s bath “at least 100,000,” and was shaking the victim’s bridge.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A photograph of the victim's body;

1. Application of the Acts and subordinate statutes to each investigation report (the confirmation of the same records as the accused and hearing of C statements);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 260 (1) of the Criminal Act concerning criminal facts;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act is nine times the criminal records of violence, and the victim's snow part in operation is assaulted, and furthermore, the traffic center is waiting.

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