특정범죄가중처벌등에관한법률위반(운전자폭행등)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 19, 2016, the Defendant: (a) on the ground that the victim repeatedly asked his/her destination on the road near the 2nd door of the luminous iron found in the 396 Manyang-si, in light of lightyang-si, Manyang-si; (b) on September 23:25, 2016, the Defendant:
The term "the victim's cell phone, which has been spawned, was at the time of the victim's entry into the cell phone once.
Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes to photographs of damaged parts;
1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes that choose
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act on orders to provide community service and attend lectures;
1. The scope of applicable sentences under law: Imprisonment for one month to five years; and
2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] shall be limited to the case where the driver of a motor vehicle in the course of carrying out the Category 1 (Special Sentencing) (Special Sentencing) assaults the driver of a motor vehicle (aggravated factor), or the basic area of the penalty not (the scope of the recommended punishment) [the scope of the recommended punishment]: February to October.
3. Determination of sentence: Imprisonment with prison labor for six months and suspended execution for two years; the crime of this case committed by the Defendant was committed by assaulting a victim while under the influence of alcohol; the crime of this case is not limited to the harm of the victim’s individual, but is highly likely to lead to a heavy traffic accident; and the crime of this case committed by the Defendant has a record of criminal punishment several times due to violent crimes, etc. against the Defendant.
However, the defendant reflects his mistake in the investigative agency, appears to be a contingency crime under the influence of alcohol, and the victim has agreed with the victim smoothly.