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(영문) 인천지방법원 2013.11.08 2013고합507
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 becomes final and conclusive.

Reasons

Punishment of the crime

"2013, 507"

1. Around 21:55 on July 14, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) (hereinafter “Aggravated Punishment, etc.”) was on the street in front of 170-41, Nam-gu Incheon, Incheon, for a victim C (the age of 45) driving on the top of the seat of the 170-41 (the age of 45) and was living on the same hand, and led the victim to two times as his/her hand.

As a result, the defendant assaulted the victim who is the driver of a vehicle in operation and caused the victim to suffer approximately 14 days of treatment.

"2013 Gohap637"

2. On July 23, 2008, the Defendant was sentenced to a fine of three million won as a crime of violating the Road Traffic Act at the Seoul Northern District Court on July 23, 2008, and on March 25, 2010, to imprisonment with prison labor for the same crime in the Jeonju District Court’s branch court and for two years of suspension of execution.

【Criminal Facts】

On August 5, 2013, at around 13:25, the Defendant driven a e-learning car at a distance of about 1 k meters prior to the entrance of the entrance of the same e-learning on the front of the Magnam-gun, Magnam-gun, Magsan-gun, in a state of alcohol with a blood alcohol content of 0.156%.

Summary of Evidence

[Fact 1]

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis (C) of injury (the fact of No. 2 on the market);

1. Defendant's legal statement;

1. Report on the circumstantial statement of the driver, report on the detection of the driver, and report on the actual status of the driver;

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Crime, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of driving and the choice

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which has heavier punishment (the penalty as provided for the crime such as driver, violence, etc.];

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