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(영문) 대전지방법원 천안지원 2017.12.21 2017고단2458
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

1. Defendant A shall be punished by imprisonment for eight months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] Defendant A was sentenced to a fine of KRW 2 million for an assault in the Daejeon District Court’s Branch on September 2, 2016, and on August 12, 2013, Defendant A was sentenced to a fine of KRW 2 million for an injury in the above court on August 12, 2013, and on September 15, 2017, Defendant A was sentenced to a suspended sentence for one year of imprisonment for a violation of the Road Traffic Act (driving) by the above court on September 23, 2017 and became final and conclusive on September 23, 2017.

[2] Criminal facts are between the Defendants, and the victims D (the remaining, the age of 30) are acting drivers, the victims E (the remaining, the age of 29) are drivers of graphic vehicles.

1. Defendant A

A. On June 1, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults, etc. against drivers), around 00:50, the Defendant: (a) moved the victim E, a traffic driver, to the “I” located in the Y located in the inanan City where he/she has his/her own vehicle; and (b) requested the victim E, a traffic driver, a traffic driver, to move his/her vehicle to the “I”; and (c) the victim E, a traffic driver, to drive the vehicle on behalf of the traffic driver; and (d) the victim E, a traffic driver, a traffic driver, was on board the rear seat.

Then, the defendant, while driving the victim E and moving to a destination, moved the back head part of the victim E into his hand on the ground that his driving route is not in mind.

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

B. In the same date, time, and place as described in paragraph 1, the injured Defendant got off a spke car driven by E with the foregoing circumstances, when the number of the victim D who was seated at the sprink for the reason that the driving route is not in mind, was reached by hand on the top of the steering route as above.

Then, the Defendant continues to stop and stop the vehicle on the front side of the “L” located in the Northern-gu, Western-si, 01:00 on the said day.

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