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(영문) 창원지방법원 마산지원 2013.07.17 2013고합46

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 punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On February 3, 2013, at around 06:00, the Defendant was driving in front of the C building located in Sacheon-si, Gyeongcheon-si, by the direction of the intention of the destination where the victim D (the age of 67) was getting aboard the EK5 taxi.

Accordingly, at around 06:45 on the same day, the victim was carrying the defendant, who was able to see the defendant, who was locked by the chief of the taxi, while driving the son's taxi at a low speed in the vicinity of the Gyeong-gun, Gyeongnam-gun, Gyeong-gun, and who was locked by the chief of the taxi."

The defendant, without any reason, was 10 times of drinking the face of the victim who is driving without any reason.

As a result, the defendant committed an influence to the right side of the victim, which requires approximately 14 days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences under law; imprisonment for one year and six months to fifteen years; and

2. Scope of recommendations based on the sentencing guidelines: Imprisonment with prison labor for a year and a year from six months to two years (the determination of a type): Where the driver's bodily injury (including a person who has made a special appearance): In cases of minor injury, non-conformity with punishment (including a serious effort to recover damage), or where considerable damage has been recovered from a certain part (the decision of the recommending area), the decision of the recommending area] special mitigation area [the scope of the recommending area] from May to two years [general person] from May to two years from [the general mitigation area] mitigation element: serious reflect (a coordination according to the applicable sentences under the law] imprisonment for a year and six months to two years.

3. The Defendant, who is sentenced to a sentence, assaults a taxi engineer in operation to inflict an injury. This may cause a large traffic accident and may cause more severe damage to the victim and other unspecified persons. As such, the Defendant has a history of being sentenced to a fine for more than ten times, and thus, is subject to strict punishment.