특정범죄가중처벌등에관한법률위반(운전자폭행등)
A defendant shall be punished by imprisonment for not less than eight months.
However, 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
At around 23:00 on October 9, 2018, the Defendant: (a) boarded at the back seat of the E-si located in the Gangnam-gu Seoul Metropolitan Government, which was operated by the victim D (the age of 55) before the “Crogate,” and was going to the Seoul Gwangjin-gu, Seoul, the destination of which was located; and (b) the Defendant came to the front of the “Seoul Gangnam-gu Police Station” located in 406, Gangnam-gu, Seoul, Gangnam-gu, Seoul, and came to the victim, “I am to the end of the time, I am. I am. I am the victim’s head at one time and the back of the son.”
Accordingly, the Defendant assaulted the driver of a vehicle in operation.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Written statements of D;
1. Application of Acts and subordinate statutes to a report on investigation (verification of a video recording of a black box), a copy of a taxi-related CD image, and a report on investigation (a photograph by capturing a black stuff image in which a criminal conduct is recorded);
1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with labor for the crime;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is not only that the Seoul Northern District Court received a summary order of a fine of two million won due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) on April 29, 2013, but also that on January 29, 2010, the Seoul Central District Court has been sentenced to a suspended sentence of one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.). In addition, even though there are many records of punishment for the same kind of crime, the crime of this case has
However, the defendant shows an attitude to recognize and reflect the criminal facts of this case, and the victim does not want the punishment of the defendant, and other various sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, health conditions, and possibility of recidivism, shall be comprehensively taken into account.