특정범죄가중처벌등에관한법률위반(운전자폭행등)
A defendant shall be punished by imprisonment for not less than eight months.
However, 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
The Defendant is a person who was sentenced to a suspended sentence of eight months of imprisonment with prison labor for an injury on September 20, 2017 at the original branch of the Chuncheon District Court, which became final and conclusive on September 28, 2017, and was still under the suspended sentence period.
Criminal facts
On June 16, 2019, at around 02:05, the Defendant, while waiting for a taxi on the front of the Jeju-si, was found to have refused to take the taxi on the part of the victim C (the 56-year-year-old driver) who was waiting for the taxi on the front of the Jeju-si in order to conceal the victim's taxi to the front of the distance in the Southern-si market, and then left the victim's taxi on the front of the south-si in which the victim was waiting for the signal at the same time.
Accordingly, the Defendant assaulted the driver of a vehicle in operation.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Application of Acts and subordinate statutes concerning investigation reports and criminal records;
1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes;
1. Article 62(1) of the Criminal Act (including ad hoc sentence to the defendant, and Article 62(1) of the same Act also has committed the instant crime during the period of suspension of execution due to the previous and previous crimes, and there are circumstances unfavorable to the defendant, such as the nature of the instant crime and the result of the instant crime, in light of the method and consequence, etc., the crime was committed, but it was agreed with the victim, and the defendant was in depth divided into his mistake, and all other circumstances, such as the motive and circumstance of the instant crime, the circumstances after the instant crime, the defendant's age, occupation, family relationship, health status, etc., are taken into consideration);
1. Probation and order to attend a lecture or order to provide community service under Article 62-2 of the Criminal Act;