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 May 19, 2018, the Defendant, while under the influence of alcohol in the vicinity of D on May 19, 2018, around 00:13, when he was under the influence of alcohol, was on the back seat of the victim E (68 taxes) driving and was in the H store located in G, Young-si, the purpose of which was to board the back seat of the victim E (68 taxes), and refused to stop the vehicle while the Defendant received a request from the victim, “a vehicle is parked and changed to the ki.” In order to request the assistance, the Defendant, while driving the said taxi, who moved the victim to the same department of the racing Police Station, which was located at the 65th of the race-si, from the racing-si, the head of the victim was in the cell phone located in the front seat of the racing-si, and when the victim’s head was 3 times in the 19th of the victim’s head, the Defendant did not have any injury in two weeks in need of open 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. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police for E;
1. Investigation Report (Attachment of an injury diagnosis report) - The injury diagnosis report;
1. An investigation report (verification and attachment of black stuff images) - Application of the Acts and subordinate statutes of the CDAs, fluor’s fluor’s fluor’s fluor’s fluor’s boom images,
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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)
1. Application of the sentencing criteria [the scope of the recommended punishment] Types Four (10 to two (2) (the scope of the changed punishment) in the mitigation area (the person subject to a special mitigation] [the scope of the changed punishment] from June to two (the minimum limit of the recommended punishment under the sentencing criteria is lower than the statutory minimum limit of the applicable sentencing range, so it shall be corrected by one year and six months, which is the minimum limit of the applicable sentencing range under the law); and
2. The defendant who has rendered a sentence shall be a victim who is driving a taxi.