특정범죄가중처벌등에관한법률위반(운전자폭행등)
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
On January 8, 2020, at around 01:00, the Defendant was boarding a D taxi operated by the victim C (the age of 44) in Busan metropolitan area B, and arrived near the F Hospital located in the Busan metropolitan area E, but became a nearby police station due to the unpaid taxi charges.
At around 01:20 on the same day, the Defendant saw the neck of the victim who is operating the said taxi as the Agrgrgic safety level on the road located in Mansan-ro 26, Suwon-gu, Busan, and suffered bodily injury, such as impairment of the character of other parts of the part requiring medical treatment for a period of 14 days, and string the victim's head on his hand, in order for the victim to continuously set up the cab, and caused the victim's head on his own.
Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. An investigation report, a medical certificate of injury, and an investigation report (to hear statements from a victim's telephone);
1. Application of damaged photographs, etc., damaged photographs, black boxes, CD-related Acts and subordinate statutes;
1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)
1. The scope of punishment by law: Imprisonment for one year and six months to fifteen years;
2. The scope of the recommended punishment according to the sentencing guidelines [the decision of type] violence crime [the fourth category] driver's bodily injury [the person who is a special person] mitigation element: minor injury, non-won [the scope of the recommended area and the recommended punishment] special mitigation area, five months to two years [the range of the recommended punishment revised according to the sentencing guidelines] shall be sentenced to imprisonment of one year and six months to two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory minimum limit of the sentencing range).