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(영문) 의정부지방법원 고양지원 2019.08.13 2019고합146

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

At around 23:30 on December 24, 2018, the Defendant: (a) was traveling on the top of a vehicle steering officer B (the 60-year-old) driven by the Defendant, who was a substitute driver, prior to the 00-year-Si, Pakistan-Eup, the Defendant, while under the influence of alcohol, expressed the victim’s face and hair of the victim as “I am under the influence of alcohol, I am under the influence of alcohol, I am under the influence of alcohol, I am under the influence of alcohol, I am under the influence of alcohol, and caused the injury of the victim, such as a brain, without an open address in the head requiring treatment for about 14 days.

Summary of Evidence

The scope of recommendations according to the sentencing guidelines for 1 year to 15 years under the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-10 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 53 and Article 55 (1) 3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the main sentence of Article 62 (1) of the Act on the Suspension of Execution of Probation and Article 51 of the Act on the Aggravated Punishment, etc. of Discretionary Mitigation of Criminal, Article 62-2 (1) of the Social Service Order Criminal Act, Article 62-2 (1) of the Act on Probation, etc., Article 59 (1) of the

3. In the case of assault crime: (a) a driver’s injury [class 4] - a person who is subject to mitigation of punishment (the scope of recommending and recommending punishment) ; (b) a person who has been sentenced to imprisonment for 10 to 2 years [the scope of recommending punishment revised according to the sentencing guidelines]; (c) a year and six months to two years (the lowest limit of sentencing recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of applicable sentences; (d) a person who has been sentenced to punishment for violent crimes over 10 times in consideration of the fact that the defendant was sentenced to punishment for 10 times at night; and (e) a person who has been impliedly driving the defendant’s vehicle at night without any particular reason.

The details and results of the crime, the relationship with the victim, and the risk of the crime.