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(영문) 대전지방법원 천안지원 2017.01.18 2016고합215

특정범죄가중처벌등에관한법률위반(운전자폭행등)

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

Reasons

Punishment of the crime

On October 25, 2016, around 22:23, the Defendant assaulted the victim’s head at one time at the right part of the f restaurant in Asan City due to the failure of the victim’s head to reduce speed from the speed at the speed, while driving the f restaurant in the new public health clinic located in the Eup located in the Dong where the victim C (40) was on board the 40-year-old-si, and going through a new public health clinic in the Eup located in the Dong where Asan City was located.

As a result, the defendant assaulted the victim who is a driver of a vehicle in operation and caused two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes of violence booms and video images;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

1. Articles 53 and 55(1)3 of the Criminal Act (Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the conditions of sentencing favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Where the application of the sentencing guidelines [the scope of the recommended territory and the scope of the recommended sentence] special mitigation area, five months to two years of imprisonment, in case of assaulting crimes, assaulting crimes of Types 4 (Aggravated Injury by Drivers), minor injury (the person subject to special mitigation] (the person subject to special mitigation) (including the efforts to recover damage), the source of punishment (including the advanced efforts to recover damage), or considerable damage has been recovered;

3. Determination of sentence: Imprisonment with prison labor for a year and six months (based on the lowest limit of applicable sentences in law), and violence committed against drivers of vehicles with a suspended execution of two years is a crime of high risk that may cause a large traffic accident;

The crime of this case is an assault against a driver while under the influence of alcohol by the defendant while using a taxi.

In addition, the defendant in 2003.