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(영문) 청주지방법원 2014.06.20 2014고합32
특정범죄가중처벌등에관한법률위반(운전자폭행등)
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 becomes final and conclusive.

Reasons

Punishment of the crime

On December 28, 2013, at around 00:05, the Defendant was boarding a F-si driven by the victim E (year 46) in front of the Dnonoe-gu Dnodong-gu, Young-gu, Cheongju-si.

1. From 00:15 on the same day, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents against Drivers) (hereinafter “Aggravated Punishment, etc.”) brought about the victim under the influence of alcohol in front of a H restaurant located in Cheongju-si G, Chungcheongnam-gu, Chungcheongnam-gu, and brought about the victim’s face under the influence of alcohol once a drinking. After the victim stopped on the side, the said victim made a defective demand that he will not charge a taxi fee, and then he returned to the victim when he renders a stop on the side, and thereby, he would incur approximately three weeks of the victim’s entrance alcohol, damage to the character of oral medicine, and strawing.

2. The Defendant, at the time and place set forth in the foregoing 1. Paragraph (1) above, committed assault against the victim by putting the Defendant out from the taxi to Defendant, by putting the Defendant out of the taxi, and putting the Defendant into the taxi, and by drinking the victim at one time.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E and I;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 260 (1) of the Criminal Act concerning the crime;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishments of the crimes against the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than the punishment, to the punishment provided for in the said two crimes);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

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