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(영문) 서울북부지방법원 2013.04.18 2013고합33
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) was committed by the Defendant on December 28, 2012, 01:45, while drinking alcohol on the roads near the North Seoul Agricultural Cooperative located in the Do of Dobong-gu Seoul, Dobong-gu, Seoul, the victim C (ma, 63 years old) was driven.

While the Defendant was boarding the above taxi and was passing around the F Hospital in front of Dobong-gu Seoul Metropolitan City, the Defendant inflicted on the victim’s face at about 10 times as drinking for about 10 weeks, on the ground that the victim did not have a Heari or direction in Dobong-gu Seoul Metropolitan Government G, which is the destination, and suffered an injury, such as crypitis that requires approximately 3 weeks of medical treatment.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

2. The Defendant damaged the property by making one drink of the market price equivalent to KRW 300,00 that the victim worn in the course of assaulting the victim C at the time and place specified in paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement to C by the police;

1. Blus and video CDs and screen pictures of motion pictures;

1. A photograph of each damage;

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

1. 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);

1. The Defendant, under Articles 10(2) and 55(1)3 of the Criminal Act for the mitigation of mental and physical injuries, was unable to clearly express his/her intent by taking the taxi at the time of committing the crime, and was unable to hear his/her destination, such as a horse ice, etc., and was under the influence of alcohol within the taxi to the extent that he/she is unsatisfying and unsatisfying his/her body, and the Defendant was unable to completely memory the situation before and after committing the crime.

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