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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On May 2, 2020, the Defendant, at around 03:00, was driving by proxy drivers, and was under the influence of “riceb tunnel,” located in the Masan-gu, Changwon-si, a member-gu, the Defendant was under the influence of alcohol and was under the influence of alcohol to the right drinking part of the victim’s right drinking.
Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.
Summary of Evidence
Application of the statute of limitation to the defendant's legal satisfy statement No. B
1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes that choose
1. Article 62(1)3 and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits to Dismiss the Compensation Order (the conditions favorable to the following sentencing grounds) of the Act on the Suspension of Execution (Article 32(1)3 and Article 32(1)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits to Dismiss the Compensation Order (the applicant for compensation sought to pay a total of three million won as consolation money for medical expenses and mental distress. However, according to the records of this case, it is confirmed that the applicant for compensation has not received any additional medical treatment in addition to that he/she received medical treatment at the hospital on the day of this case. Thus, the reason for sentencing of the instant criminal procedure where it is unclear
1. Scope of punishment by law: Imprisonment with labor for one month to five years;
2. Aggravation of the recommended punishment according to the sentencing guidelines: Violence crimes [Type 1] general assault (special sentencing factors]: In cases of assaulting the driver of a motor vehicle in operation, (1) [the territory of recommendation and the scope of the recommended punishment] increased area, four months to one year and six months.
3. Determination of sentence: The instant crime committed for eight months of imprisonment and two years of suspended sentence is a case in which the Defendant assaulted a proxy driver in operation under the influence of alcohol, and threatens the safety of citizens, such as pedestrians on the road, as well as the driver, and is a large traffic accident.