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(영문) 광주지방법원 해남지원 2019.06.05 2019고합16

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 23, 2019, at around 18:30, the Defendant: (a) driven by the victim C(the age of 49) in front of the front of the Namnam-gun, Chungcheongnamnam-gun, the Defendant: (b) was under the influence of alcohol to find a Handphone on the victim under the influence of alcohol; and (c) caused the victim’s face who was seated in the driver’s seat one time to walk on the driver’s seat; and (d) caused the victim’s injury, such as a spathal of the baby requiring approximately two weeks of treatment.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. A photograph of the upper part of the body of the victim's entry;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. The scope of the recommended punishment according to the sentencing guidelines [the decision of types] the scope of violent crimes [the Sentencing 4] the driver's bodily injury (the person who is a special person] mitigated elements of mitigation: Minor injury, non-won [the scope of the recommended area and the recommended punishment] special mitigation area, five months to two years [the scope of the recommended punishment revised according to the sentencing guidelines] imprisonment with prison labor for a year and six months to two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, so the lower limit of the applicable sentencing range is in accordance with the law).

3. Determination of sentence: One year and six months of imprisonment with prison labor, and two years of suspended execution that the defendant assaults the victim, who is the driver of a chartered bus, due to a large traffic accident, and may cause more severe damage to the victim as well as other passengers and pedestrians of the vehicle, etc., and thus, the criminal liability of the defendant is not easy in light of the fact that there is a high risk of such damage.

However, the defendants recognize all their crimes and reflect on them.