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(영문) 인천지방법원 2015.04.16 2015고단1034
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

Defendant shall be punished by imprisonment for a term of 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

On November 10, 2014, at around 23:20, the Defendant used the front road of the Construction Center of 147 (Gu Dongdong) to be a victim C (59 years old) driver, and was under the influence of alcohol while getting on the top of D Do-cab operated by the victim C (59 years old), and was tightly in his body, the taxi, which is a dangerous object to be pushed off with C, with the above C, being pushed off with the driver's body, and returned to the right hand, shall turn back to the right right, and the front part of the E Do-ray car stopped car standing on the right side of the road. The Defendant used the above 80 Do-dong 1, a driver of the victim's Gpoter cargo vehicle in front while being pushed up in the future, and 60 Do-dong 4, a considerable amount of 6 Do-dong 1, a driver of the above 58 Do-dong 2, a considerable amount of injury to the victim's seat.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of C and H;

1. Application of the Acts and subordinate statutes to a medical certificate, estimate, or picture at the site of case;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of assault against a driver and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. It is so ordered in consideration of the following facts: (a) the reason and history of sentencing under Article 62(1) of the Criminal Act and the recovery of damage, thereby reaching an agreement with the victims; and (b) the penalty is only imposed by a fine.

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