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(영문) 수원지방법원 안양지원 2020.02.11 2019고단2276
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

Punishment of the crime

On October 23, 2019, around 00:16, the Defendant assaulted the driver of a motor vehicle in operation by making the face and head of the victim temporarily stopped in order to get the Defendant under the influence of alcohol, and making the driver of the motor vehicle under the influence of the driver of the motor vehicle under the influence of the driver of the motor vehicle under the influence of the driver of the vehicle under the influence of the driver of the vehicle under the influence of the driver of the vehicle under the influence of the driver of the vehicle under the influence of the driver of the vehicle under the influence of the driver of the vehicle under the influence of the driver of the vehicle under the influence of the driver.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of B’s written laws and regulations;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the relevant criminal facts and Article 5-10 (1) of the same Act;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the criminal records of the same kind of offense, and the fact that the defendant has agreed with the victim, and other various sentencing conditions such as the defendant's age, character and conduct, environment, circumstances of the crime and circumstances before and after the crime shall be determined as the sentence of the same kind of punishment.

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