(영문) 대전지방법원 공주지원 2018.06.08 2018고단26

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 공주지원 2018.06.08 2018고단26

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for one year.

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 December 29, 2017, the Defendant: (a) boarded a D-Stop cross-city bus driven by the victim C (56 tax) at a bus terminal located in the new city in the official city at the time of official city around 20:00; (b) tried to breath in the influence of alcohol around the passage of the tin museum located in the same city on the same day; (c) the injured party saw the bus to breath in the vicinity of the road; (d) the victim fright the bus to breath in the vicinity of the road; and (e) the victim frighted the bus to breath in the end of the stop; (e) the victim flading the bus with a breath; (e) the victim flading the breath; (e) the victim flading the victim with an assault to the driver flad; and (e) the victim flading the driver flad with the victim’s her face.

Summary of Evidence

1. The legal statement of the witness C;

1. The defendant asserts to the effect that he/she did not assault a driver in operation because he/she was in a state of stopping.

However, since the victim temporarily stops the bus due to the defendant while driving the bus, it is merely a temporary stop, this is applicable to the Act on the Aggravated Punishment, etc. of Specific Crimes Article 5-10 (1).

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where he/she assaults a driver of a motor vehicle running in the aggravated area (from April to one year) (special aggravated person) of Category 1 (limited to the scope of recommending punishment) of the sentencing criteria;

2. Circumstances disadvantageous to the decision of sentence: The nature of crime is not good by unilaterally assaulting a driver while under the influence of alcohol; and

It does not reflect the mistake by making a defense that is difficult to understand.

The favorable circumstances:

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의10 제1항

-형법 제62조 제1항

유사 판례

-부산고등법원 2017.09.06 2017노251

-서울중앙지방법원 2017.06.22 2017고단1359

-대구지방법원 의성지원 2017.07.13 2017고단160

-창원지방법원 2017.11.16 2017고합135

-서울중앙지방법원 2017.01.12 2016고단7249