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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On July 22, 2017, the Defendant: (a) 23:30 on the northwest-gu, Seocheon-gu, Seocheon-gu; (b) was under the influence of alcohol on a taxi operated by the victim B (the South and the North Korean age of 50) while driving in the north-gu, west-gu, the destination of which is the right of destination; and (c) was driving in the north-gu, west-gu, west-gu, west-gu, the Defendant used the driver of a motor vehicle who was in operation in order to wear a safety mark on the front of the D in the north-gu, Seocheon-gu, west-gu, and was under the influence of alcohol on three occasions.
Summary of Evidence
1. Statement by the defendant in court;
1. B written self-statements;
1. Application of Acts and subordinate statutes to photographs of damaged parts;
1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with prison labor for the crime;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;
1. The sentencing criteria [Scope of Recommendation] The basic area (two months to ten months) (special mitigation) (special mitigation (special mitigation) / The driver of a motor vehicle in operation) shall not be punished, and where he/she assaults the driver of a motor vehicle in operation (one type);
2. Although the Defendant had been punished several times by various violences in the past, the instant crime has been committed in the past.
The driver's assault, like this case, needs to be strictly punished in that it can be connected to large-scale accidents.
However, the defendant seems to have committed the crime of this case in a somewhat contingent state under the influence of alcohol, and is now recognized as a mistake and in depth.
Along with the victim, the agreement was reached.
In addition to this, all the circumstances revealed in the trial process, such as the defendant's age, sex, environment, background of the crime, and circumstances after the crime, the punishment as ordered shall be determined.