특정범죄가중처벌등에관한법률위반(운전자폭행등)
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 became final and conclusive.
Punishment of the crime
On June 4, 2013, at least 22:30, the Defendant was on the road of the Dong-gu Park Park, which is a proxy engineer in front of the parking lot No. 1, which is the 46 years of age, and was on the back seat of the Do-gu Motor Vehicle No. Do-gu Motor Vehicle No. 46, and the Defendant was on the close seat of the Do-gu Motor Vehicle No. 1, and the Defendant was on the part of the victim who was on driving at one time at the right side of the Do-gu Motor Vehicle No. 1, and was on the part of the victim who was on driving at one time.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes to police internal investigation reports and investigation reports (referring to the receipt of an injury diagnosis report);
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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Reasons for sentencing [the range of applicable sentences] under Article 62 (1) of the Criminal Act for the period of suspended sentence (the range of applicable sentences] (the range of applicable sentences), from 1 year and 6 months to 15 years [the decision of applicable sentences] under violent crimes, assault crimes, and types 4 [no special multiple-choices] increased factors: In minor injury or penalty [the scope of recommended sentences]: minor injury or not more than 5 months but not more than 2 years (the minimum limit of revised sentences shall be reduced by 1/2 or more as there are not less than 2 special mitigations] [ the range of revised sentences] 1 year and 6 months and less than 2 years (the lowest limit of the applicable sentences in law as the minimum limit of the above recommended sentences is lower than the minimum limit of the applicable sentences in law), and thus no aggravated sentence is adopted: serious violation of suspended sentence of punishment [base]; negative factors that there are no affirmative factors in driving a driver: no minor reason; positive factors in driving a motor vehicle; positive factors in driving a suspended sentence of one year or more;