특정범죄가중처벌등에관한법률위반(운전자폭행등)
Defendant shall be punished by imprisonment for a term of one year and six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
At around 00:15 on October 3, 2015, the Defendant: (a) got a D taxi operated by the Victim C; and (b) around the entrance into the Gangnam-gu Seoul Metropolitan Government Mod-dong Winter Winter Games; (c) around five times as a drinking for the victim’s back water; (d) continuously 00:20 on the same day, the victim was able to put a taxi on the side as the Seoul Modempi-dong, Gangnam-gu, Seoul, and 372-2-2, Kimpo-si, and 372-2, Kimpo-dong, Seoul, and 5 times as a drinking for the victim’s back water and back water; (d) the victim reported a taxi to 112 on his cell phone; and (e) the victim was able to take care of the victim’s face at 6-7 times or more; and (e) the victim’s 1) the victim’s back knish with his left knife 1, such as the victim’s face.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. An investigation report (the statement and field photo of a shote), investigation report (the diagnosis report and change of the name of the crime);
1. Application of Acts and subordinate statutes to photographs damaged;
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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
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. Determination as to the assertion of defense counsel under Article 62-2(1) of the Criminal Act regarding community service order
1. The alleged Defendant was in a state of mental and physical weakness by drinking at the time of committing the instant crime.
2. According to the legal statement of the defendant, the police interrogation protocol against the defendant, the police statement against C on the interrogation of the suspect, and the internal investigation report (the suspect's behavior), it is recognized that the defendant had drinking a certain amount of alcohol at the time of the crime of this case, but the circumstances leading to the crime of this case, the method and method of the crime.