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(영문) 서울중앙지방법원 2015.05.01 2015고합221
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

Criminal facts

around 22:00 on December 31, 2014, the Defendant was under the influence of alcohol in the vicinity of the Seocho-gu Seoul Seocho-gu Seoul At the time when the victim C (the age of 61) was boarding the seat of the victim who was under the influence of alcohol in the vicinity of the Dongjak-gu Seoul Metropolitan Government Station, and became in the vicinity of the Seoul Dongjak-gu Station, Dongjak-gu Station, and when the victim was able to take the face of the victim on the ground that the victim was not driven in the direction requested by the Defendant.

Accordingly, the victim stopped the vehicle, and the defendant re-sprinked the victim's face by drinking it again, and walking the victim's side by drinking it more than 14 days, and the victim was sprinked with the heart where the victim needs to be treated for about 14 days.

The Defendant damaged property at the same time and place as the above paragraph (1) of this Article, on the same grounds as above, that the victim C was able to walk the front door of the D Private Taxi owned by the victim C at several times, thereby causing the repair cost of 495,260 won at the market price.

Summary of Evidence

Defendant’s legal statement

Article 5-10(2) former part of Article 5-10(2) and Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury inflicted on a driver), Article 366 of the Criminal Act among concurrent offenders, Article 37 former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act (the choice of imprisonment), among concurrent offenders, within the scope of adding up the long-term punishment of the above two crimes under Articles 53 and 55(1)3 of the Criminal Act (the sentencing conditions favorable to sentencing among the reasons for sentencing) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury inflicted on a driver), which are applicable to C’s protocol of statement by the police as to the statement of statement of the statement of statement to the police against C.

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