(영문) 청주지방법원 제천지원 2016.05.13 2016고합6



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

On January 22, 2016, the Defendant: (a) was boarding on the top of the D convenience store located in Gui-si C around 01:00, and was going to a school middle school located in the city of destination, the destination of which is the F taxi; (b) on the same day, the Defendant was going to the school near the Seoyang-si, Seoyang-si, the 02:30 on the same day; and (c) “I leave to the her husband any place.”

"It means a height and the face side of the victim being driven by drinking, about 10 times, led the victim to the injury to the side of the side of the victim where the victim needs medical treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to each damaged part of the photograph;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and six months from one year to fifteen years;

2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] the scope of the punishment [the scope of the recommended punishment] shall be limited to the mitigated area (10 months to 2 years) (the person who has been specially mitigated) (the person who has been specially mitigated) of the mitigated area (2 to 4 years), the minor injury (2 and 4 types), the

3. The Defendant sentenced to sentence committed an assault against a victim who is driving a taxi and suffered injury. Such an offense is not easy in that it is a criminal who is highly likely to cause a large traffic accident.

However, the circumstances favorable to the defendant, such as the fact that the defendant recognizes the crime of this case and reflects its depth, the degree of injury suffered by the victim is relatively minor, the fact that the victim appears to have committed the crime of this case by contingency while under the influence of alcohol, and the fact that the victim does not want the punishment of the defendant by agreement with the victim.