특정범죄가중처벌등에관한법률위반(운전자폭행등)
Defendant shall be punished by imprisonment for a term of one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
around 00:50 on February 17, 2018, the Defendant: (a) was drunk in the vicinity of C, located in the north Gun, Gun, and was under the influence of alcohol in the vicinity of C, and was in the vicinity of the entrance of F apartment in the same city, and was in the vicinity of the F apartment of the same city, and was in the vicinity of 2-3 times in the face of the victim; (b) when the victim was in the vicinity of the above apartment 103, the Defendant was in the vicinity of the above apartment, and was in the vicinity of the 103 dong, and was in the settlement of the taxi fee, the Defendant was in the head of the above taxi and the victim, who was in the victim, and was in the victim’s face 4-5 times in drinking.
As a result, the Defendant assaulted the driver of a vehicle in operation, resulting in the injury of the victim, such as the closure of the non-alleys that need to be treated for about three weeks.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Report on internal investigation (Attachment of photographs, such as parts of damage, etc.) - Photographs and diagnostic documents applied by statutes;
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 to mitigate small amount;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is very disadvantageous to the Defendant’s act of assaulting the driver of a vehicle in operation without any justifiable reason and causing bodily injury, such as a sacriff.
However, the fact that the defendant repents and reflects the defendant's wrong, the victim appears not to have want to punish the defendant by agreement with the victim, and the fact that the defendant is the first offender who does not have any criminal record is favorable.
In full view of these circumstances and the defendant's age, sex, environment, motive, means and result of the crime, the sentencing conditions as shown in the pleadings shall be determined as ordered.