특정범죄가중처벌등에관한법률위반(운전자폭행등)
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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On November 23:00 on November 7, 2015, the Defendant boarded the victim C (65 taxes) in the vicinity of the Sejong-dong, Songpa-gu Seoul Metropolitan Government, and was under the influence of alcohol in the vicinity of the Dongjak-gu Seoul Metropolitan Government Seoul Yandong Seoul Yandong Seoul Yandong, and caused the victim's face on several occasions with drinking without any justifiable reason, and caused the victim's head on several occasions, and suffered injury, such as a flady in the number of days of treatment.
Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A photograph of damaged parts (No. 1) and a medical certificate (No. 6 No. 1 of the evidence list);
1. Application of the Act and subordinate statutes of the investigative report (No. 7 No. 1 of the list of evidence and video investigation of black stuffs);
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. Suspension of execution: Article 62 (1) of the Criminal Act (The following consideration shall be made repeatedly for the reasons for sentencing);
1. Orders to observe protection and attend lectures: Grounds for sentencing under Article 62-2 of the Criminal Act;
1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months from fifteen years to fifteen years;
2. Reduction elements of the recommended punishment on the sentencing guidelines [the scope of punishment [the scope of punishment recommended by the sentencing guidelines (one month to two years)] class 4 (Bodily Injury by Violence of Drivers) (the scope of punishment and the scope of punishment recommended] mitigation areas, one year and six months from June to two years (the scope of punishment recommended by the sentencing guidelines (one month to two years from imprisonment) does not coincide with the lowest limit of the applicable sentencing guidelines in law, so the applicable sentencing guidelines in law shall prevail).
3. Determination of sentence: One and half years of imprisonment, and three years of suspended execution: The defendant's act of inflicting an injury on a driver in operation, resulting in a large accident and resulting in personal and material damage to the unspecified majority.