특정범죄가중처벌등에관한법률위반(운전자폭행등)
1. The defendant shall be punished by imprisonment for a period of one year and six months;
2.Provided, That the above punishment shall be executed for two years from the date this judgment becomes final and conclusive;
Punishment of the crime
On November 18, 2019, the Defendant was driving at the back seat of the C-si operated by the Victim B (V, South and 54 years old) on November 18, 2019, and was under the influence of alcohol and was under the influence of alcohol before the E elementary school located in the Daejeon Middle-gu.
As a result, the Defendant assaulted the victim who is a driver of a vehicle in operation and caused the injury of the front part of the wood that requires approximately two weeks medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. B written statements;
1. Report on internal affairs, report on internal affairs (booms analysis), black boxes, CDs;
1. Application of the Acts and subordinate statutes, such as violence parts, photographs, etc., and the written diagnosis of injury;
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. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;
1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;
2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] the crime of violence [the category 4] the driver's injury [the person who is a special person] mitigated element of mitigation: In the case of minor injury (the category 2 and 4), the non-conformity of punishment (including serious efforts to recover damage), or considerable damage (the scope of the recommended area and the recommended punishment] the area of special mitigation, five to two years (the scope of the recommended punishment corrected according to the applicable sentencing] imprisonment with prison labor for a year and six months (the scope of the recommended punishment corrected according to the applicable sentencing guidelines] and two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is in case where the lowest limit of the sentencing range in the applicable sentencing guidelines is inconsistent with the statutory applicable sentencing range).
3. Determination of sentence: Two years of suspended sentence for one year and six months (two years of imprisonment with prison labor for a prosecutor);
A. The Defendant injured the victim by assaulting the victim in a taxi in operation.
An act of assaulting a driver in operation is not limited to an act of infringement on an individual's body, but also a large-scale accident and ordinary citizens.