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(영문) 서울남부지방법원 2017.11.24 2017고합506

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 16, 2017, at around 01:00, the Defendant was driving on the roads in front of the river basin in the Seocheon-si, Busan Special Metropolitan City, and the victim C (54) was driving on the back seat of the D-si in Seoul Special Metropolitan City on the same day while moving, and the victim was under drinking in front of the building in Guro-gu, Seoul Special Metropolitan City on the same day and went back without having to the destination, and the Defendant was able to walk the driver's seat at several times with the driver's rear and breast due to rain, and went back to the victim's face.

As a result, the defendant assaulted the victim who is the driver of a vehicle in operation and thereby suffered injury such as the fluor of a non-distribution fluor, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police officer against the defendant or C;

1. A written diagnosis of injury;

1. 112 Reported statement of case processing, and application of each photographic statute; and

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 62-2 (1) of the Criminal Act on the community service order;

1. Reasons for sentencing under Article 32 (1) 2 and Article 25 (3) 3 (the scope of liability for damages of the defendant is not clear) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit to Dismiss Application for Compensation;

1. The scope of punishment by law: Imprisonment with prison labor for not less than one year and six months but not more than 15 years;

2. Application of the sentencing criteria [the types of decisions] Crimes of violence, assault, injury (type No. 4) by drivers (person subject to special mitigation] [the scope of the recommended punishment] imprisonment with prison labor for not less than 10 months but not more than 2 years (the scope of the corrected punishment] imprisonment with labor for not less than 10 months and not more than 6 months and not more than 2 years (Observance of the minimum sentence of punishment by law).

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and conditions unfavorable to a driver during a suspended sentence of three years: Violence against a driver shall be deemed a large accident and his/her personal information shall be physical for many and unspecified persons;