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(영문) 대전지방법원 2018.09.07 2018고합261

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

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

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

Reasons

Punishment of the crime

On April 18, 2018, the Defendant: (a) around 02:30, the Seo-gu Seo-gu Daejeon, Seo-gu, Daejeon-gu, Pusscopa, on the back seat of the D cab driven by the victim C (42 scopa) was drunk and did not frank the accurate destination; (b) the Defendant expressed the victim’s desire to the destination, “weging, weging, weging to the within, and weging to the within, the within, the destination.” On the one hand, at least four times the part of the victim’s right side due to Party A’s own drinking, and caused the victim’s injury of external trauma that requires treatment for about 21 days.

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

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. 112 Reporting case handling table;

1. Photographs, injury diagnosis report, etc.;

1. Application of Acts and subordinate statutes to investigative reports (to hear statements by a victim's telephone), the CD-recording of a victim's statement, the preparation of a record, and the recording of telephone conversations of a victim C;

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. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Imprisonment with prison labor for a period of one year and six months from six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the scope of the recommended punishment [the persons who are in charge of special sentencing] the punishment not (including serious efforts to recover damage) or the case where considerable damage has been restored to the extent of the punishment [ the scope of the recommended punishment] the period from October to two years (Provided, That the minimum limit of the recommended punishment according to the sentencing guidelines is lower than the minimum limit of the applicable sentencing in law, and therefore the minimum limit of the applicable sentencing in law shall prevail).

3. The instant crime committed by the Defendant with sentence assaulted a taxi engineer who was operating while on board him/her during his/her night time.