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(영문) 서울남부지방법원 2014.06.12 2014고합122

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:30 on March 15, 2014, when the Defendant was under the influence of alcohol and lacks the ability to discern things or make decisions, the Defendant was driving the victim on the front side of the apartment site in Gyeyang-gu, Young-gu, Young-gu, D affiliated E-si, which was driven by the victim C(57 years of age) and was seated on the back seat, with the front side of the E-si, the front side of which was opened by the victim C(57 years of age), and the front side of the G-gu, the front side of the G-gu, the destination of which came into the front side of the G-gu, and caused the victim's face by the victim's own body at the middle of the G-gu, the front side of the G-gu, the front side of the G-gu, and caused the victim's face being cut one time again, and caused the victim's back by using the victim's eye at one time more than seven days of assault to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes to a written diagnosis and estimate;

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 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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 [decision of types] the driver's injury or injury (type 4) (including a person who has been specially punished), the person who has not been punished (including a serious effort to recover damage), or the person whose considerable damage has been recovered from the damaged part of the crime (the scope of the recommended punishment] the scope of imprisonment for 10 months to 2 years (the general person who has been punished), the person with mental disability (the person in question is responsible for the person in question), the serious reflects (each element of mitigation) [Suspension of execution] - The main reason for the commission of a crime - The reason for the suspension of execution: the person who has been driving a motor vehicle shall be punished (including a serious effort to recover damage) (the person in question), and any contingent reason for the commission of a crime.