특정범죄가중처벌등에관한법률위반(운전자폭행등)
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On April 12, 2017, the Defendant was under the influence of alcohol in the F new interest taxi operated by the Victim E (56 aged) who was operating a D cafeteria in front of the D cafeteria located in Jinju-si, Jin-si on April 12, 2017, and the Defendant “Ambi gue gueb, the flab.”
“I see why you will “I see???” from the injured party
"I listen to the horses," and "I am at once due to the reason that the head was pushed between the driver's seat and the head was obstructed by driving from the injured person, the victim's snow part of the body being pushed behind the head due to the reason that the head was obstructed by driving from the injured person, and then I am the victim's neck by the second hand, and suffered injury, such as the blood transfusion, which requires approximately two weeks 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 for E;
1. Application of Acts and subordinate statutes to photographs of harming the victim, warning pictures, diagnostic reports, and photographs of harming the victim;
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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;
1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and
2. The scope of the recommended sentence according to the sentencing guidelines [the types of decisions] the scope of the recommended sentence [the scope of the recommended sentence], the group of violent crimes, assault crimes, and the four types (the injury of a driver) [the person who is in special sentencing] mitigation area: Imprisonment with prison labor for a period of ten months to two years.
3. According to the sentence, the Defendant’s act of inflicting an injury on the victim in the taxi under the influence of alcohol, which is not good in the nature of the crime, and the act of inflicting an injury on the driver of the vehicle in operation may result in a serious consequence, such as a large-scale accident.