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(영문) 대구지방법원 2019.06.20 2019고단1410
특정범죄가중처벌등에관한법률위반(운전자폭행등)
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

At the bus stops located in Daegu-gu, the Defendant: (a) provided the victim with a warning that the bus route would not have a coastal line; (b) provided the victim with the victim’s desire to report traffic failure on the ground that the bus route was driven by the victim B (59 years old); and (c) provided the victim with the victim’s desire to read “this ring, education was not properly provided; (d) on January 6, 2019, the said bus was stopped at the front bus stops located in Daegu-gu D; and (e) on January 19:5, 2019, the said bus was stopped at the front bus stops in the Daegu-gu, Suwon-gu, Daegu, the victim was placed in the driver’s own right hand with the victim’s neck and the front part of the victim’s full face, and was sealed twice by drinking.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes on blackbox CDs;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with labor for the crime;

1. On November 29, 2016, the Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, was sentenced to a fine of imprisonment with prison labor for the crime of assault, assault, etc. on or around April 2016, as well as the record of the suspended sentence.

Nevertheless, in addition, the degree of criticism is high by lowering the crime of this case.

However, the fact that the defendant is aged age, the fact that the defendant is recognized as being assaulting, and the fact that the crime of this case was committed while all passengers were stopped, and the risk was not much high due to the occurrence of the crime of this case while all passengers were stopped, etc. The defendant's character, family relation, family environment, criminal record relation, motive and means of the crime, and circumstances that are the conditions for sentencing specified in the records of this case shall be determined as ordered by taking into account the following factors.

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