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(영문) 서울북부지방법원 2017.09.28 2017고단1678
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The punishment of defendants shall be six months.

Reasons

Punishment of the crime

On August 14, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Seoul Northern District Court (hereinafter “Seoul Northern District Court”) and completed the execution of the sentence on March 12, 2015.

around 00:05 on April 23, 2017, the Defendant, while drunk in front of the D gas station in Seongbuk-gu Seoul Metropolitan Government, was driven by E Cost Star Co., Ltd without any justifiable reason.

F(34) and vehicle traffic problems caused by F(34) the face of F was taken once a week through open driver's seat windows, which were open.

The defendant assaulted the victim FF.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Criminal history: Application of inquiries, circulars, and the Acts and subordinate statutes on the personal acceptance status;

1. Article 260 (1) of the Criminal Act, which provides for the legal provisions on criminal facts;

1. Determination of punishment Article 35 of the Criminal Act for aggravated repeated crimes;

1. Recommendation type of sentencing criteria: One year from four months of imprisonment;

2. Decision of punishment: to recognize errors;

It is an act committed under the influence of alcohol.

In that sense, criminal experience such as violence is high, and repeated crime is a repeated crime.

The nature of the crime is bad to commit violence against the victim who was waiting for the defendant without any reason.

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