특정범죄가중처벌등에관한법률위반(운전자폭행등)
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 became final and conclusive.
Punishment of the crime
On February 7, 2015, around 00:30 on February 7, 2015, the Defendant was driving in the front of the Dobong-dong, Seoul Special Metropolitan City, the Do, which was in the vicinity of the Dobong-gu, Seoul, the destination of which was located near the Dobong-dong, Gangnam-gu, Seoul.
The defendant asked the victim to set up a taxi on about 2-30,000 won on the water of the defendant who is expected to ask the victim to hold a taxi fee. When the defendant requests the victim to set up a taxi, the head of the victim has been satisd several times with the hand floor, satisfing the victim's head by satching, and satisfing the victim's head by hand, and satisfing the victim's sat and satisf by drinking and hand.
As a result, the defendant abused the driver of a vehicle in operation, thereby resulting in the victim's 14-day medical treatment, such as dump dump dump, inspection, etc.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Each report on investigation;
1. A written diagnosis of injury;
1. Application of Acts and subordinate statutes to photographs;
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. 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. The defendant and his defense counsel asserted that the defendant and his defense counsel had a state of mental disability under the influence of alcohol at the time of committing the crime. Thus, according to the evidence duly adopted and examined by this court, it is recognized that the defendant had drinking alcohol to a certain extent at the time of committing the crime, but it cannot be seen that the defendant lacks the ability to discern things or make decisions. Thus, the above assertion is rejected.
1. Reasons for sentencing.