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 March 9, 2020, at around 19:05, the Defendant, a substitute driver at the front side of the ES5 car driven by the victim D (the age of 57) on the front side of the CE5 car in Gwangju City, was injured by the victim, on the ground that the Defendant’s wife and currency could not be known during the process of entering the back side of the ES5 car, and the Defendant was 2 times the victim’s face side fright, and 3 times the victim’s chest and fright juk were drinking, and the victim suffered injury, such as each gate and fright, which require approximately two weeks of treatment.
Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.
Summary of Evidence
1. Application of Acts and subordinate statutes to the police records of statement made by the defendant with respect to the defendant's legal statement D, photographs of the damaged parts of the statement, opticians of the shoulderer, certificate of bodily injury, photographs
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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
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 criteria (the decision of types) shall be the basic area of the victim's injury or injury (the scope of the recommended area and the punishment of recommendations) caused by violence against the driver, the basic area of the punishment, one year and six months to three years of imprisonment.
3. Determination of sentence - The crime of this case is that the defendant under the influence of alcohol inflicted an injury on a victim who is acting on his/her behalf, and the nature of the crime is inferior in light of its circumstances, the degree of the injury inflicted on the victim, the risk thereof, etc. - The defendant does not agree with the victim or does not receive the victim's guide -