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(영문) 대전지방법원 논산지원 2016.06.01 2016고합10

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 sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 21, 2016, the Defendant was under the influence of alcohol on the back seat of the victim E (34 years) in front of the public bath located in Seosan City, on March 21, 2016, and was under the influence of alcohol on the back seat of the Fsung taxi in front of the victim E (34 years) and was under the influence of the Defendant, on the ground that the Defendant was faced with the head of the taxi on the wind that the Defendant was at a rapid speed when going beyond the speed of the speed limit set up in front of the original elementary school located in the Sung-dong in the Sung-dong, Seosan-si.

When intending to “I am, I am immediately driving,” the victim was injured by the victim’s right-hand hand on one occasion, resulting in the victim’s injury, such as the cambling of the voice requiring approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of a protocol concerning the examination of suspect of the defendant;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes of black stuffs, such as an injury diagnosis certificate and photograph description;

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. Articles 53 and 55 (1) 3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances in which the sentencing is favorable to one another) of the mitigated amount;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following circumstances favorable to the sentencing) of the suspended sentence;

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

2. Reduction elements according to the sentencing criteria: The scope of sentence [the type of determination] according to the sentencing criteria; violence crime group; assault crime; and type 4 (Bodily Injury of Drivers) [the person who is in charge of special sentencing]: Imprisonment with prison labor for one year and six months from six months to two years (the imprisonment with prison labor for a period of ten months, which is the lowest limit of the reduction area and the range of high-ranking sentence) (the imprisonment with prison labor for a period of ten months, which is the minimum limit of the statutory applicable sentencing range, shall be in accordance with the statutory applicable sentencing range, and thus the period of

3. Determination of sentence;

A. The Defendant inflicted an injury upon a taxi driver in operation by assaulting the taxi driver.

This is not only a driver but also a crime that seriously threatens the safety of road traffic and citizens.