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(영문) 대전지방법원 홍성지원 2018.11.08 2018고합61
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On July 24, 2018, the Defendant driven a vehicle of 1 ton of E without obtaining a driver’s license in the section of about 10 km from the front day of the Defendant’s house located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, the same day to the front day of the “Dump” road located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do.

2. On July 24, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. of Drivers) (hereinafter referred to as the “Aggravated Punishment, etc. of Specific Crimes”) was on the road front of the Hahnam-si, Chungcheongnam-si, and the victim G (43 tax) who is an acting driver (43 years) taken aboard and moved to a destination. While under the influence of alcohol, the Defendant gets the victim at a time without any justifiable reason and took the victim’s face one time with his/her hand while moving to a destination, he/she takes the victim’s seat.

D. The victim’s interests were threatened as if they were the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A photographic photo taken on the part of the victim, a non-licensed driver's photograph, a black stuff, and a photograph, a black stuff, and a video CD;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses and the register of tea;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (Unlicensed Driving, Selection of Imprisonment), Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault against drivers, the choice of imprisonment) concerning the crime;

1. Reasons for sentencing [limited to the aggravated punishment of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the aggravated punishment of concurrent crimes due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, but to the extent that the punishment is aggregated with the long-term punishment of the above

1. The applicable range: Imprisonment with labor for one month to six years;

2. Scope of the recommended sentencing criteria; and

A. A motor vehicle running in the course of committing violence (type 1) against the Act on the Aggravated Punishment, etc. of Specific Crimes (the driver's assault, etc.).

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