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(영문) 대구지방법원 2017.06.30 2017고합191

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 April 19, 2016, the Defendant: (a) 20:30 on April 19, 2016, the Defendant: (b) boarded the Dog-gu apartment in Daegu-gu, Daegu-gu; (c) on the Dog-gu, Daegu-gu, Daegu-gu, the destination of which, having been boarding as a passenger on the Dog-dong in front of the Dog-gu, Daegu-gu, Daegu-gu, the Defendant inflicted an injury upon the victim, while under the influence of alcohol, by taking the victim’s hand, who took hand with the victim, brought about the victim’s knife in front of the Dog-gu, Daegu-gu, Daegu-gu, Daegu-gu, the destination of which was the Dog-gu,

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (55 years old);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 types of determination] and class 4 (Bodily Injury by Violence of Drivers): Reduction elements: In the area of minor injury and punishment [the area of recommendation] special mitigation [the scope of recommendation] from May to two years [the scope of modified punishment] from one year and six months to two years (the lowest limit of recommendation according to the sentencing criteria is lower than the statutory minimum limit of applicable sentences, and the lower limit is set by the applicable applicable sentences in law]; and thus, the lower limit is set by the applicable sentences under the law).

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 recognizes the crime of this case and reflects the depth thereof.