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 May 11, 2013, at around 20:30, the Defendant: (a) 4 dong 4, 463-13 in Seo-gu, Seo-gu, and (b) Do urban bus driven by the victim C (the age of 55) was under the influence of drinking alcohol on the road in front of the plaza, which was driven by the victim C (the age of 55). On May 11, 201, the Defendant said that the said bus was “the victim, who was driven by the bus on the ground that it would circumvent to normal and other routes due to the instant event of tin (the age of 55), caused the victim to suffer approximately 14-day infections and strings in need of treatment.”
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. A written diagnosis of injury;
1. Application of Acts and subordinate statutes to prosecutorial investigation reports;
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 (the grounds for sentencing that are advantageous to the following)
1. Imprisonment with prison labor for not less than one year and not more than six months but not more than 15 years;
2. The scope of the recommended punishment according to the sentencing guidelines [decision of types of punishment] violence, assault crime, driver's bodily injury (special mitigation] minor injury, decision of the recommended area] the special mitigation area [the scope of the recommended area] [the scope of the punishment] the special mitigation area / [the general mitigation area] the punishment of not less than five months but not more than two years (the general mitigation person] [the main positive factors for which suspended sentence is recommended] the suspended sentence is recommended: there is no minor injury or criminal punishment; there is no history of the suspended sentence; and the general affirmative reasons for
3. The defendant, who has been sentenced to punishment, committed violence against an article operating a bus on which he has boarded, resulting in the injury of such article, and the use of violence against such driver shall be deemed a large traffic accident and shall cause serious damage to human life and property.