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(영문) 울산지방법원 2016.06.21 2016고단1397
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for a period of four months and a fine of three hundred thousand won.

When the defendant does not pay a fine, 50,000 won.

Reasons

Punishment of the crime

1. On April 29, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault against a driver) was off his/her mother who was worn by the victim at the time when he/she got off his/her son, who was driven by the victim D (67 years old) to the G hospital located in Ulsan-gu F, Ulsan-gu, where he/she was scheduled to leave his/her cab in his/her port of destination, and instructed the victim under the influence of alcohol to go out of his/her son who was worn by the victim at the time on the ground that he/she did not have the direction of the victim's desire, and instructed the victim to go out of his/her son who was driven by him/her, and her to go out of his/her son who was driven by him/ her, and her c

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

2. The Defendant, in violation of the Punishment of Minor Offenses Act, was able to avoid disturbance by: (a) voluntarily accompanying the D referred to in paragraph (1) to the police officers who control the Defendant while waiting in the earth for investigation on the ground of paragraph (1) at the new police station located in Ulsan-gu, Ulsan-gu, Seoul-ro, 118, which led to the appearance of Ulsan-gu; and (b) making the police officers waiting in the earth while playing waiting in the earth for the purpose of investigation on the ground of paragraph (1).

Accordingly, the defendant, while under the influence of alcohol, forced or scamed by very rough words and conducts at government offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and paragraph (1) of the same Article concerning the crime: Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Selection of Imprisonment): Article 3 (3) 1 of the Punishment of Minor Offenses Act (Selection of penalty)

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Grounds for sentencing under Article 62 (1) and (2) of the Criminal Act;

1. Determination of the type of recommendation of the sentencing criteria (crimes of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults against drivers, etc.): Violence crimes;

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