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(영문) 대구지방법원 2017.09.08 2017고합350

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 1, 2017, around 00:40, the Defendant: (a) boarded the back of the F taxi in the operation of the victim E in the middle of the F taxi in Daegu Northern-gu, Daegu Northern-gu, and (b) inflicted injury on the victim, such as double blue blue, etc. on the victim’s right-hand blue, etc., on the ground that the victim became well aware of his destination; and (c) on the one hand, once the victim’s back head and right-hand blue part of the victim’s drinking, the Defendant inflicted injury on the victim, such as

Accordingly, the Defendant assaulted the victim, who is the driver of the vehicle in operation, and caused the injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. In respect of the submission of an injury certificate, the application of legislation;

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

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. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

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

2. Application of the sentencing criteria [the type of punishment] Class 4 (Bodily Injury by Violence of Drivers): Reduction element of punishment [the scope of the recommended punishment]: From 10 months to 2 years [ the scope of the corrected punishment] from 10 months [the scope of the corrected punishment] from 6 months to 2 years (the minimum limit of the recommended punishment according to the sentencing criteria is lower than the minimum limit of the statutory applicable punishment, so the lower limit of the recommended punishment according to the sentencing criteria is set at the statutory applicable sentencing range).

3. Determination of sentence: One and half years of imprisonment, and two years of suspended execution, the crime of assaulting and injuring the driver of a motor vehicle in operation as in this case does not merely inflict any damage on the driver's body, but it is highly likely to cause any additional damage due to the occurrence of a traffic accident. Therefore, the defendant's responsibility is not exceptionally imposed.

However, the Defendant recognized and depthed the instant crime.