특정범죄가중처벌등에관한법률위반(운전자폭행등)
Defendant shall be punished by imprisonment for a term of one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 20, 2014, at around 22:10, the Defendant was boarding a D private taxi operated by the Victim C (the age of 69) and tried to open a chief door of the taxi in operation in the vicinity of Gangnam-gu Seoul, Seoul, and the victim prevented the Defendant, thereby leaving the victim’s face, resulting in a double sprinking spons, which requires treatment for about 20 days, by considering the victim’s face as drinking.
Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.
Summary of Evidence
1. Defendant's legal statement;
1. C police statement;
1. C’s statement;
1. A photograph of the upper branch (No. 3 No. 5 of the evidence list);
1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a written diagnosis submitted by a victim);
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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Judgment on the assertion of the Defendant and the defense counsel under Article 62-2(1) of the Criminal Act
1. Summary of the assertion
A. Article 5-10(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes applies only to cases where the occurrence of a traffic accident, etc. is caused by violence or intimidation against a driver, and the result causes the result of injury or death to a third party. As such, the foregoing provision does not apply in cases where the result of an injury to a driver is simply caused without such traffic accident as in the instant charges.
B. At the time, the Defendant was under the influence of alcohol and was in a state of mental disability.
2. Determination
A. As to Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the crime under Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes is intended for the driver of a motor vehicle who is in operation under both paragraphs