특정범죄가중처벌등에관한법률위반(운전자폭행등)
A defendant shall be punished by imprisonment with prison labor for up to 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 December 25, 2017, the Defendant driven the Defendant C (52 tax) by a victim C (52) in the vicinity of the opening distance located in the Seocho-gu, Seowon-gu, Seowon-si, Chungcheongnam-si, Chungcheongnam-do, Chungcheongnam-do, on the road near the opening distance.
D while getting on and off a taxi, the victim caused a defect in the words that the defendant's bath is recorded in the black boom of the above taxi, and caused the electric wires in the above taxi by hand, and caused the victim's head one time by his own drinking.
Accordingly, the Defendant assaulted the driver of a vehicle in operation.
Summary of Evidence
1. Statement by the defendant in court;
1. Investigation report (verification of piracy C, telephone conversations, and punishment not to be permitted);
1. A list of reports on arrest and the handling of reported cases;
1. Application of the photographic Acts and subordinate statutes;
1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and selection of imprisonment with prison labor for the crime under the relevant Act;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order: The crime in the judgment is very pleasure that the Defendant committed the assault of the taxi driver while getting on a taxi. The Defendant appears to have a problem with drinking habits, such as having been violent criminal records and having been prior to driving under the influence of alcohol. The so-called favorable sentencing factors: the victim does not want the punishment. Recognizing that the Defendant does not want to be punished. In addition, the sentencing conditions under Article 51 of the Criminal Code are comprehensively taken into account the sentencing conditions under Article 51 of the Criminal Code.