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(영문) 대구지방법원 경주지원 2018.09.12 2018고단570
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 11, 2017, the Defendant was sentenced to six months of imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes ( drivers' assault, etc.) in Daegu District Court and racing support and completed the execution of the sentence on May 7, 2017.

On July 5, 2018, the Defendant was under the influence of alcohol on the front of the D Hospital located in C (67 years of age) on the road in front of the D Hospital located in Si-si on July 18, 2018, and arrived at the front road of the “H” located in Si-si, Young-si, which is located in the Defendant’s residence, in the vicinity of the Defendant’s residence, and did not pay the taxi expenses to the victim and did not leave the taxi from the taxi.

Even though "the victim did not get off the taxi," and the victim operated a taxi to the scular box located in the Sungdong-dong at the time of the racing, "this is the 20-year crime and 20-year crime.

He was 20 criminal and 20 criminal, in which he did not have the same friend.

Nysi number is confirmed and will only be available later.

"Along with the victim's face while driving, the victim's face was taken five times a week."

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. A criminal investigation report (vehicle booms which contain a criminal scene), 10 copies of a black boom boom course photograph, 10 copies of a cab victim's assault-related boom, a criminal investigation report (Attachment to a vehicle boom box containing a criminal scene), and one vehicle box CD containing a criminal scene;

1. Previous convictions in judgment: Application of each of the initial text of inquiry, such as criminal history, personal confinement status, and text of judgment;

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. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendations] The aggravated area (4 months to 1 year and 6 months) of Article 1 of the Act on the Punishment of Assaults (including serious efforts to recover damage) or considerable damage has been recovered.

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