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(영문) 대구지방법원 2017.04.28 2016고합124

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On February 19, 2016, around 14:00, the Defendant boarded F taxi operated by the victim E (73 years of age) around the hospital located in Busan Metropolitan City, and continued to have approximately 15 times the head of the victim being driven by drinking while under the influence of alcohol during the influence of alcohol at a destination, and continued to have about 15 times the victim's head being driven by drinking, without any justifiable reason, at least five times before receiving a demand for payment of taxi expenses from the victim within the above taxi in the front of the Public Security Center in Busan Metropolitan City, the Defendant, at around 14:00, 5 times the victim's head in the above taxi parked before the Public Security Center in Busan Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and six months from one year to fifteen years;

2. Application of the sentencing criteria [the types of determination] and Category 4 (Bodily Injury by Violence of Drivers) (Special Sentencing Person): Minor injury [the scope of the recommended punishment] mitigation area: 10 months to 2 years [the scope of the corrected punishment] 1 year and six months from 1 year and six months to 2 years (the minimum limit of the recommended punishment according to the sentencing criteria is lower than the minimum limit of the applicable sentencing in law, so the lower limit of the recommended punishment according to the sentencing criteria is set at the applicable sentencing range in law).

3. Determination of sentence: The crime of assaulting and injuring the driver of a motor vehicle in operation in the same way as this case does not merely cause damage to the driver's body, but is highly likely to cause additional damage by causing a traffic accident. Therefore, the defendant's responsibility is not easy. The defendant is sentenced to the suspension of the execution of imprisonment with prison labor due to the crime of intimidation against the taxi driver by using the kitchen knife, and is still under the suspension of the execution of the sentence.