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(영문) 부산지방법원 동부지원 2017.07.05 2017고단925
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 16, 2017, the Defendant was under the influence of alcohol in the Solsan Roter located in the Sodosan-dong, Busan, Busan, and was under the influence of alcohol on April 16, 2017, while driving a bypass while moving to the Busan, Daegu D apartment in Busan, which was under the influence of alcohol in the Solsan Do-dong.

The driver of a motor vehicle in operation by putting the breath of the victim who is driving under the port into the left hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes to investigation reports, victims' photographs, investigation reports (booms images), black stuffs video CDs

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault against drivers and the choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is an unfavorable circumstance, such as assaulting a taxi engineer on the part of a driving school, the nature of the crime is not good, and the Defendant’s previous convictions are allowed to commit violence.

However, there are favorable circumstances such as the fact that the defendant recognizes the facts charged and seriously reflects the fact, that the type of the defendant's exercise is not very serious, that there is no criminal conviction exceeding the fine of the defendant, and that the defendant has agreed with the victim.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Part of dismissing prosecutions such as violent crime group, assault crime, one type (general assault), etc.

1. On April 16, 2017, the Defendant, at around 12:21, was trying to pay only a part of the taxi cost and return to the taxi at the parking lot after Busan Metropolitan Transportation Daegu Do apartment on April 16, 2017. The Defendant is required to pay the full amount of the taxi cost from the victim B (63 years).

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