beta
(영문) 대구지방법원 경주지원 2019.06.20 2019고합20

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 16, 2019, around 21:40, the Defendant: (a) on board the front line of D cab operated by the victim C (the 64 years of age) around B Apartment, and (b) expressed the victim’s desire to “I am to take the test, if I am to do so,” and (c) took the part of the part of the victim’s body as drinking once a week, while the victim driven a taxi to report it, while moving the cab to the F box of the Racing Police Station, I am at one time. On the other, the Defendant continued to drive the cab and move the cab to the F box of the racing Police Station, while I am to go on the part of the victim, while I am on the part of the victim’s son, who is in need of approximately two weeks of treatment.

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol regarding C;

1. C’s statement;

1. A written diagnosis of injury and a written confirmation of origin;

1. A detailed statement of screen, screen, screen, screen, CCTV image screen, CD, and 112 reported and processed by the closure of a course;

1. The application of Acts and subordinate statutes to a report on the occurrence of an act of violence, internal investigation report (in the event of a field situation, etc., accompanied by a letter of confirmation of a suspect C), investigation report (attached to the screen by attaching the C cab bbbbbox screen, a CD and a CCTV for crime prevention around the site, attach the screen by cutting off and cutting off the CCTV for crime prevention around the site, and attach a document of 112 report processing);

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 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances among the reasons for sentencing)

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. A driver of the fourth category of violent crimes shall be subject to the scope of recommendation [decision of types] according to the sentencing criteria; and