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(영문) 전주지방법원 2019.09.18 2019고단545
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On October 17, 2018, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) at the Jeonju District Court on August 17, 201, and the probation period becomes final and conclusive on October 25, 2018.

【Criminal Facts】

1. On March 6, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Driver Violence, etc.) on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment, etc.”) (hereinafter “Aggravated Punishment, etc.”) (hereinafter “Aggravated Punishment, etc.”) was to board the home fluor’s seat located in the fluence of the fluence of the fluence of the fluence of the fluence of the fluence of the fluence of the fluence of the fluence of the fluence of the fluence of the fluence of the fluence of

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

2. At around 01:45 on the same day, the Defendant inflicted injury on the victim’s face part of the Fbuck area E in the front city of 01:45 on the same day, and the victim’s face part of the victim’s face was sent back several times due to drinking, and the victim’s bucks part of the buck area need to be treated for about seven days.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A written diagnosis of injury;

1. Photographs of assaulting the victim;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of judgment) and Acts and subordinate statutes;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 257 (1) of the Criminal Act and the choice of imprisonment for each sentence;

1. From among concurrent crimes, the act of exercising violence against the driver of a motor vehicle on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act requires strict punishment in that it threatens traffic safety. The defendant can have the history of having been punished for violent crimes, and even if he/she was placed prior to the suspension of execution due to the same kind of crime, during the suspension of execution.

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