(영문) 수원지방법원 2015.10.08 2015고단3414



A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.


Punishment of the crime

On June 15, 2015, at around 23:09, the bus 382.2 km along the model road as it turned down to the front side of the bus and used the alcohol for alcohol under the influence of alcohol, and was obstructed by the operation of the bus from the victim C (the age of 48) who is a bus driver, and was moving to the rear side of the shuttle bus. On June 15, 2015, the bus used the front side of the bus and used the victim's face, who driven the bus at a speed of about 100 km per hour, at a speed of about 10 km.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to photographs by cutting a fluor of violence, among black booms and video images;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with labor for the crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The punishment shall be determined as per the order in consideration of the various circumstances that are the conditions for sentencing, such as the following: (a) the basic area (two months to ten months) (the person subject to special mitigation) and the basic area (the person subject to special mitigation) / In the case of assaulting the driver of a motor vehicle in operation (the person subject to special mitigation) / [the decision of sentence 1] the method and degree of assault (the degree of the offense is not weak) and danger (the degree of the offense) and the fact that the defendant is against himself, the fact that the defendant is the first offender, and the fact that it is the first offender, etc.