특정범죄가중처벌등에관한법률위반(운전자폭행등)등
A defendant shall be punished by imprisonment for six months.
Punishment of the crime
1. On May 28, 2016, the Defendant assaulted the driver on the ground that the Defendant was on board the victim C(59)-based taxi and was on the apartment zone 3 in the safe air space, on the ground that he did not have a way to his own desire, while he was on the part of the victim C(59)-based taxi and was on the part of the victim C(59)-based apartment zone, and that he was on the part of the victim.
Chewing impule ..", and the victim's face was expressed at one time in drinking.
Accordingly, the Defendant assaulted the driver of a vehicle in operation.
2. On May 28, 2016, the Defendant, in front of the LPG charging station located in Daegu E on May 22, 2016, reported to the police by the victim of the assault as stated in the foregoing 1. The Defendant expressed the victim’s face at two times, i.e., “PG charging bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit.”
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a medical certificate of injury);
1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver, the choice of imprisonment with prison labor) and Article 260 (1) of the Criminal Act (the point of assault and the choice of imprisonment with prison labor) concerning the crime;
1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and 3, and Article 50 of the same Act, as the punishment for concurrent crimes;
1. Scope of the recommended punishment according to the sentencing guidelines - The crimes of Category 1 [Scope of the recommended punishment] - In the event of assaulting the driver of a motor vehicle in the form of the aggravation area (4 months to one year) (in the event of special aggravation) / (1) - the scope of the recommended punishment / The scope of assaulting crimes of Category 2 [the scope of the recommendation] / the basic area (2 months to 10 months) of the basic area (2 months from February to October) / The scope of the final sentence due to the aggravation of multiple offenses without any special sentencing person: April to May.
2. Circumstances taking into account - A favorable circumstances: reflectivity - Unfavorable circumstances: A person himself/herself if he/she is highly likely to lead to a crime in the event that he/she drinks alcohol due to a disease with a stimulative disorder and alcohol dependence.