특정범죄가중처벌등에관한법률위반(운전자폭행등)등
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On November 11, 2013, the Defendant 23:20 on November 23:20, 2013, on the street, at the entrance of the Busan Ya-gu C apartment, was on board the steering house of the E-si operated by the victim D (ma, 58 years of age).
Around 209, the Defendant was punished by a fine by assaulting the victim and being sentenced to a fine. As such, when the victim was aboard the taxi of the victim, the Defendant got the victim from the taxi of the victim, the Defendant was forced the victim to take a face of the victim by "a sweet a sweet" and "a sweet a sweet." Accordingly, the Defendant got the victim to take the face of the victim by drinking, and accordingly, the said taxi is going into the front part of the driver's seat and received the bicycle storage stand near the part.
As a result, the defendant assaulted the driver of a vehicle in operation, thereby causing about four weeks of injury to the victim, such as alcohol requiring medical treatment and damage to the integrity of oral lectures, and at the same time damaging the above taxi to be damaged to the non-repair of repair costs.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes to any investigation report and each investigation report (such as whether to drive a vehicle and attaching 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, and Article 366 of the Criminal Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);
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. The reason for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and Article 59 of the Act on Probation, Etc. [the scope of applicable sentences]: imprisonment of one year and six months to fifteen years [the decision of imprisonment], violent crime, assault crime, Type 4 (Bodily Injury or Injury to Drivers) [the general person] reflect (the scope of recommendation] [the scope of punishment] imprisonment of one year and six months to three years (basic area).