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(영문) 대구지방법원 2015.04.24 2014고합621
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 30, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.) committed a bodily injury, such as salt, tension, etc., on the part of the victim, who gets aboard a D taxi driven by the victim C ( South and 48 years old) around the Samduk-dong, Daegu, Daegu, and brought a request for tobacco to the victim being driven. However, the victim said that he cannot smoke in the taxi, while the victim said that he did not smoke in the taxi, the Defendant inflicted an injury to the victim, such as the knobs and tensions of the shoulder that require approximately three weeks of treatment by

2. On September 30, 2014, the Defendant: (a) around 07:30 on September 30, 2014, the Defendant: (b) destroyed the Defendant’s damage to property so that the amount equivalent to KRW 600,000 of the repair cost, as the victim was found to have stopped the taxi and reported after stopping the taxi for the same reason as in paragraph (1).

3. The Defendant violated the Road Traffic Act (driving) around 07:52 on September 30, 2014, and around 100 meters under the influence of alcohol content 0.132% when the victim reported as stated in paragraph (2) and paragraph (2).

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol against the accused;

1. Statement to C by the police;

1. A copy of the report, a copy of the circumstantial statement of a host driver, and an investigation report (including confirmation as to whether a victim has injured himself/herself and accompanying documents);

1. Medical certificates, estimates, and vehicle damaged photographs (the defendant and his/her defense counsel) asserted that although the defendant sckes the victim's scke and arms, the victim did not suffer injury therefrom. However, the victim's sckes on the following day of the crime of this case. However, the diagnosis of the victim was made on the following day of the crime of this case, there are no circumstances to suspect credibility in the process of issuance, and the part and degree of the injury coincide with the victim's statement (see Supreme Court Decision 2010Do12728, Jan. 27, 201).

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