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(영문) 대구지방법원 서부지원 2016.08.11 2016고합99

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

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 May 6, 2016, the Defendant: (a) was driving on the D taxi vehicle of the victim C (the 62-year-old driver) running on the west Underground Road located in the 181st, Seo-gu, Daegu-gu, Daegu-gu, Daegu-gu, and 181, and was driving on the D taxi vehicle of the victim (the 62-year-old driver) on the ground that the victim returned to the destination, and brought the victim’s head head part on one occasion on the knife of the victim operating the said vehicle on the knife on the ground that the victim returned to the destination; and (b) removed the studler of the said taxi vehicle from the stude.

As a result, the defendant assaulted the victim who is a driver of a vehicle in operation, and suffered bodily injury, such as bodily injury, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the medical certificate of injury, studio photographs;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the 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 of the community service order;

1. Imprisonment with prison labor for a period of one year and six months from six months to fifteen years;

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] in the category 4 (the person causing violence to a driver) [the person causing special sentencing] in the category 4 (the person causing violence to a driver): In the case of minor injury (2 and 4), the grounds for punishment not (including serious efforts to recover damage), or the cases where considerable damage has been restored [ the scope of the recommended punishment] from May to two years (the scope of the changed recommended punishment] from June to two years (the scope of the changed recommended punishment] from one year and six months from six months to two years (the lowest limit of the sentencing range recommended in the sentencing guidelines is lower than the statutory minimum applicable sentencing range, so the lowest limit of the applicable sentencing range is governed by the law).

3. The act that the defendant who has rendered the sentence of sentence inflicts an injury on a driver in operation shall cause the driver in excess of the danger and injury to him/her, resulting in a large accident and physical injury to many and unspecified persons;