특정범죄가중처벌등에관한법률위반(운전자폭행등)
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
On January 13, 2018, the Defendant: (a) taken a f taxi in front of “D” located in Sungsan-si, Changwon-si, Sungwon-si; (b) demanded the victim to take a more drinking in front of “D”, which was operated by the victim E (57 years old) to go to the wing-dong, a destination; and (c) took the front of the Do office in the Gyeongnam-do, a destination; and (d) demanded the victim to take a more drinking again, and (e) she would take the drinking
At around 05:05 on the same day, the defendant entered the same taxi in the Southern-dong, Changwon-si, Sungwon-si, Sungwon-si, and "I will get the taxi under suspension of execution."
“...... The head of the steering window and the head of the household are frightened to drink and the head of the household, and the frightener was immediately stopped on the top of the South Korean market located in the south of the Magsan-gu, Changwon-si; and the frighter was frightened on the top of the North Korean market;
Nice Doz.;
In many cases, chrons, chrons, and brusiums.
”라고 욕설을 하며 오른손 주먹으로 피해자의 얼굴을 세게 1회 때리고 피해자가 손으로 얼굴을 감 싸 쥔 채 고개를 숙이자 왼손 엄지손가락을 잡아 비틀면서 재차 주먹으로 피해자의 머리를 4회 가량 때려 피해자에게 14일 간의 치료를 요하는 다발성 타박상을 가하였다.
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 for E;
1. A written diagnosis of injury;
1. Photographss, etc. of the head of the crime;
1. Application of Acts and subordinate statutes to a investigation report (on-site mobilization report), investigation report (Attachment to video CDs recorded in a taxi);
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 to mitigate small amount;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the scope of assault crimes of Category Four (Bodily Injury resulting from Violence against Drivers), the area of special mitigation (five months to two years) [the person who has been specially mitigated], and minor injury and non-guilty amount of punishment;
2. The Defendant is driving the instant crime with no particular reason.