특정범죄가중처벌등에관한법률위반(운전자폭행등)
A defendant shall be punished by imprisonment with prison labor for up to six 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
On May 5, 2020, the Defendant: (a) on the road located in Ulsan-gun, Ulsan-gun, U.S., U.S., U.S., U.S. on May 23:35, 2020, and moved to E located in Ulsan-gu, Ulsan-gu, U.S., U.S., for destination; (b) stated that “I will live several times, sprinke, sprinke, and sprinke at death”; (c) I saw the victim as drinking; (d) I am the victim’s hand; (d) I pl up the victim’s head by breaking the victim’s head debt; and (e) I am the victim’s head by drinking.
Accordingly, the Defendant assaulted the driver of a vehicle in operation.
Summary of Evidence
1. Application of the Act and subordinate statutes to the defendant's written statement B, investigation report (to attach a video campaign site photograph), investigation report (to hear the victim's telephone statement, etc.), and black stuff data;
1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with labor for the crime;
1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);
1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;
1. Scope of punishment by law: One month to five years;
2. Extent of recommendation [decision of types] of violent crimes according to the sentencing guidelines and the general assault [Class 1] mitigated elements: Reduction elements of punishment: Where a driver of a motor vehicle in operation has abused the driver of a motor vehicle in operation [the scope of recommendation area and recommendation range] basic area, two months through ten months of imprisonment;
3. Determination of sentence: The sentence shall be determined as ordered in comprehensive consideration of all the sentencing conditions specified in the records and arguments of the defendant, including the age, family relationship, growth process, character and behavior, living environment, the circumstances and result of the instant crime, etc., as well as the sentencing conditions for the defendant, as described below, for six months of suspended sentence, community service, and attending order, together with the sentencing conditions for the defendant.
Unfavorable circumstances: A crime of assaulting a driver may lead to another traffic accident.