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(영문) 울산지방법원 2014.07.11 2014고합135
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 01:40 on April 22, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.) asked the victim who was under the influence of alcohol at the back seat of the victim C (the age of 48) drive in front of the singing line located in Ulsan-gu, Ulsan-gu, U.S., U.S., U.S., the Defendant’s residence and was in the vicinity of the U.S., U.S., U.S., U.S., the Defendant at the seat of the Defendant’s residence. The Defendant asked the victim that “When he was in the middle of Ulsan-gu, U.S., U.S., U.S., U.S., where he was in the middle of Ulsan-gu, U.S., the Defendant would be able to take a bath, such as referring to the victim that “When he was in the front of the victim.”

2. The Defendant: (a) parked the said taxi at the entrance of Ulsan-gun, Ulsan-gun, Ulsan-gun at a time and time under Paragraph (1); (b) parked the said taxi in order to avoid causing a threat to the act under Paragraph (1); and (c) landed the knife without reducing the height thereof; and (d) cut off the said taxi from the front seat of the said taxi to the escapeer or the said taxi driver’s seat without reducing the height thereof; and (b) cut off the said taxi to the front seat of the said taxi; and (c) cut off the said taxi at the market price equivalent to KRW 12 million owned by the victim.

3. Around 01:50 on April 22, 2014, the Defendant driven a DNA taxi while under the influence of alcohol content of 0.128% at a section of about 8km from the place prescribed in paragraph (1) to the area of 0.4km in Ulsan-gun, Ulsan-gun, Busan-do, Busan-do, the 40.4km-do, Busan-do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The circumstantial statement of the employee;

1. A copy of a report on arrest of the suspect;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and Article 148-2 of the Road Traffic Act concerning criminal facts, as well as Article 5-10 (2) and (1) of the same Act concerning the punishment of a crime.

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