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(영문) 대전지방법원 천안지원 2017.08.09 2017고합122
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 26, 2017, around 20:40, the Defendant: (a) taken the taxi seat of the victim C(45) while drinking alcohol into the back seat of the passenger while driving on the 2nd seat of the victim C(45) while driving alcohol at around 20:40, Seo-gu, Seo-gu, Seocheon-gu, 2015, the Defendant, without any special reason, brought about multiple diversous salt, cerebrum, etc. to the next victim for approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A written diagnosis of injury;

1. A report on the arrest of the case and an internal investigation;

1. Application of statutes on site photographs;

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. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

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 type of determination] Violence (the person who is in charge of special sentencing) Class 4 (the person who is in charge of causing violence to a driver): In cases where minor injury (2 and 4), punishment is not limited (including serious efforts to recover damage), or considerable damage is recovered from the area of special mitigation [the scope of recommended punishment] special mitigation area / [the scope of recommended punishment] imprisonment with prison labor for not less than five months and not more than two years;

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and the crime of this case for a period of two years suspended execution is committed by the defendant by assaulting the taxi driver who is under the influence of alcohol to injure him/her, and violent crime against the driver may occur and cause large-scale human life damage, it is necessary to severely punish the defendant in consideration of the fact that the crime of this case may occur due to a serious accident.

However, the fact that the defendant recognized all of his criminal acts and reflects his depth, and that the injury of the victim caused by the crime of this case is relatively light (the victim is 2 weeks diagnosis due to multi-dratum salt, cerebral salinum, etc.).

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