특정범죄가중처벌등에관한법률위반(운전자폭행등)
A defendant shall be punished by imprisonment for not less than one year and six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On March 8, 2014, the Defendant: (a) around 22:00, on the part of the D hotel located in Daegu Jung-gu, the Defendant: (b) brought tobacco to the victim E (the 59-year-old) taxi and moved to the Jung-gu Office in the middle-gu, Daegu; (c) took a bath to avoid the victim while smoking in the taxi; and (d) took a stop from the victim; and (d) took three occasions of the victim’s entrance and the part of the neck, the Defendant inflicted an injury on the victim, i.e., the part of the son who needs approximately two weeks of treatment.
As a result, the Defendant abused the driver of a vehicle in operation.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement to E by the police;
1. Application of an injury diagnosis certificate and statutes governing damaged photographs;
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as "special sentencing factors"): The reason for sentencing [the scope of sentencing] under Article 62(1) of the Act on the Suspension of Execution [the reasons for sentencing] - one year and six months to fifteen years [the decision of the sentence] violent crimes: The driver's injury [the special sentencing factors : the decision of the sentencing range]: the minor injury or not to be punished [the decision of the recommendation range] special mitigation range ] from five months to two years [the scope of the recommendation range]: the special mitigation range - the serious half [the decision of the suspended sentence] - Where the principal participation reason is minor injury, the uncompetitative reason - Where the driver of a vehicle in operation is the victim of the vehicle - the driver of the vehicle in general participation reason - the driver of the vehicle in general participation reason: Imprisonment with prison labor and serious reflect [the decision of the sentence] 1 year and six months, and the defendant in two years and two may have a high possibility of causing an accident, such as a traffic accident.
Provided, That the defendant has committed any contingent crime while under the influence of alcohol and depth his mistake after committing the crime.