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(영문) 의정부지방법원 2015.01.14 2014고합348
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 September 3, 2014, the Defendant: (a) 23:00 on September 3, 2014, the Defendant: (b) Doo-dong Home Pung-dong, which was operated by the Victim C (the 66-year-old age) around the Dongbacheon-si Do Office of destination; (c) Doo-gu, the Defendant took a bath for the victim on the ground that the Defendant, who was under the influence of alcohol, was driven by a large number of the taxi fee; and (d) Doo-gu, the Defendant, who was the driver of the vehicle operating one time at the time when the head and face of the victim were taken one time at the time, was injured by the victim, who was the driver of the vehicle operating the vehicle, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each injury diagnosis letter;

1. Injury photographs;

1. Application of Acts and subordinate statutes by cutting down a black box image record in a taxi;

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

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Scope of the recommended sentence according to the sentencing criteria (decision of type), violent crime group, assault crime, Type 4 (Bodily Injury to Drivers): Minor injury, non- sources of punishment (the scope of the recommended area and the recommended punishment) mitigated area, and one year and six months from June 1 to two years (the lowest limit of the recommended punishment and the applicable sentencing range are inconsistent, and the lower limit of the applicable sentencing range is inconsistent with that of the applicable sentencing range).

3. Whether or not to suspend the execution: A positive reason: A minor injury, non-prosecution of punishment (general reason for writing): If the driver of a motor vehicle in operation is the victim: There is no serious reflector, nor a criminal record of a suspended execution or heavier punishment;

4. Determination of sentence: Imprisonment with prison labor for a year and six months, imprisonment for a year and two years under a suspended execution, and a taxi in operation of the defendant.

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