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(영문) 수원지방법원 안산지원 2019.01.07 2018고합310

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The part of the facts charged was revised to the extent that it does not affect the defendant's defense right.

On May 15, 2018, the Defendant: (a) around 23:34, the new road high school located in the new road-dong of the Dong-gu, Ansan-si (58 years old); (b) was under the influence of alcohol on the back seat of C si, and was in the vicinity of the above gas station in Ansan-si, E Do, Ansan-si, and was in the vicinity of the aforementioned gas station, the Defendant stated that “I am fri, I am drinking, I am equal to frith, I am ambrith, I am ambrith, I am ambrith, I am ambrith, I am ambrith; and (c) was in the part of the victim’s entrance alcohol once again; and (d) was in the part of the victim’s head three times, the Defendant sustained an injury on the part of the victim, the number of days of treatment of which is not known to the victim.

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. On-site photographs and photographs of damaged parts;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

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. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Scope of recommended sentences according to the sentencing criteria (determination of types) violence;

3. Types 4 (Bodily Harm resulting from Violence to Drivers) and the area of mitigation of punishment (the scope of recommending punishment), the area of imprisonment for 10 months to 2 years (the scope of corrected recommended punishment) shall be sentenced to imprisonment for 1 year and 6 months to 2 years (compliance with the lower limit of punishment under the Acts).

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and the crime of this case for a two-year period of suspended execution shall be committed by the defendant on board a taxi in operation of the victim B on his own.