특정범죄가중처벌등에관한법률위반(운전자폭행등)
A defendant shall be punished by imprisonment for not less than eight 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
The defendant is a tourist bus driver.
On November 1, 2017, the Defendant: (a) at around 17:40 on the front of a bus stop located in 41 a king-ro 606 o-ro in the area of the branch of Sungnam-si, Sungnam-si; (b) on the ground that the D Village bus with the victim C (45 o) stopped on the bus side of the Defendant and interfered with the Defendant’s career, the Defendant threatened the Defendant with the above C; and (c) on the ground that the D Village bus with the victim C (45 o) stoppeds on the bus side of the Defendant’s bus, he threatened the Defendant with the frobbage of the C, which was flad with the left hand of the said village bus.
Defendant continued to close the above village bus entrance and start the bus, and the opening or closing of the entrance of the above village bus is cut down by hand, and the above village bus gets off to the wind of the other direction. The above village bus gets off the boundary of India and stopped the road sign pole.
Accordingly, the defendant assaulted the victim, who is the driver of the above village bus in operation.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by each prosecutor to C and E;
1. Investigation report (for community buses ctv images), - the application of the Acts and subordinate statutes on site photographs by capturing images;
1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with prison labor for the crime;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was not agreed with the victim, and the Defendant’s assault caused a traffic accident that may lead to a human life accident.
However, in light of all the sentencing conditions indicated in the records, such as the fact that the defendant's mistake is against the defendant, and the occurrence of the above traffic accident seems to have the fault of the victim, the punishment as ordered shall be determined.