특정범죄가중처벌등에관한법률위반(운전자폭행등)
Defendant shall be punished by imprisonment for a term of one year and six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On February 12, 2020, the Defendant: (a) around 00:45, on the part of Gangseo-gu Busan Metropolitan City, driven by the injured party B (the 56-year-old-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si) in Gangseo-gu-gu-gu-do-dong-dong-dong-dong-dong-dong-si; (b) caused the injured party’s injury, such as brain dynasium, etc., for about 14 days, on the ground that the injured party’s mind that the injured party's vehicle is close to the road of Gangseo-gu-gu-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si,
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)
1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;
2. The scope of the recommended punishment according to the sentencing guidelines (the determination of a type) shall be limited to the range of the recommended punishment [the range of the recommended punishment] according to the sentencing guidelines: The sentencing guidelines from six months to two years (the lowest limit of the recommended punishment in law because the lowest limit of the range of the recommended punishment is inconsistent with the minimum limit of the applicable punishment under law, the minimum limit of the applicable punishment under law shall apply to minor injuries (the grounds of recommendation area and the scope of the recommended punishment), the grounds of non-prosecution for punishment (including serious efforts to recover damage), or considerable damage therefrom (including the scope of the recommended punishment), or the grounds of recovery from considerable damage);
3. According to the decision of sentence, the sentence shall be determined as ordered by comprehensively taking into account the following circumstances and the defendant’s age, character and conduct, environment, family relationship, motive, means and result of the crime, and various factors of sentencing as shown in the arguments in this case, including the circumstances after the crime.
The crime of this case is committed against the defendant. The head of the taxi driver in operation of this case.