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(영문) 대구지방법원 2015.01.07 2014고합575
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 became final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Special Cases Concerning the Settlement of Traffic Accidents and the Violation of the Road Traffic Act (driving on June 13, 2014), while under the influence of alcohol at around 0.165% of the blood alcohol concentration on around 19:30 on June 13, 2014, the Defendant: (a) while driving Ccoon-do Track Road along a three-lane road in front of the Daegu Educational Center for the Gyeong-gu, Daegu Educational Center, which is located along the center of the Gyeong-gu, Daegu Educational Center; (b) while driving on the Gyeong-do Do Track Road, the Defendant was due to negligence in the course of performing his duties and was driven by the victim D(51 years old) who stops in the front of the vehicle in front of the Defendant.

The Defendant, by such occupational negligence, caused the victim to suffer injury, such as salt ties, tensions, etc., which require approximately two weeks of medical treatment.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) demanded that the Defendant be aboard the Gnaart club in front of the Gnaart club in Daegu Northern-gu, the victim H (53 years old) be aboard the I taxi and going to J hotel.

On October 4, 2014, at around 23:50, the Defendant was on board the Chief and went through a road in front of the L/C in Daegu Northern-gu, and without any reason, when the Defendant took part in the victim’s entrance due to the left hand, etc., and the victim gets off the right side of the victim on one occasion with his left side, and the victim continued to get off the taxi from the taxi, opened a driver’s seat, and opened the victim’s head knife by hand, and knife the victim’s head knife by hand.

As a result, the defendant abused the driver of a vehicle in operation and brought about about two weeks of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The prosecutor's statement concerning H;

1. Written statements of D;

1. A survey report on actual conditions, a circumstantial statement, a detection report, a notice of completion of correction, an appraisal of blood alcohol concentration, and a report on detection of a host driver (the result of blood collection);

1. Application of Acts and subordinate statutes of a photograph of damage, each written diagnosis, on-site, and photograph of the vehicle involved, and written estimate.

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