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(영문) 청주지방법원 2015.12.10 2015고합180
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a guest who was on board a taxi driven by the victim C(44 years of age).

On September 18, 2015, at around 00:00, the Defendant boarded the said taxi under the influence of alcohol in front of the E main office located in the Cheongju-si Office D, and used the cell phone device as his hand without any justifiable reason at around the time when he passed the G Hospital located in the Heung-gu Seoul Metropolitan City, Cheongju-si, while driving the taxi on his hand.

As a result, the Defendant suffered a confection fluorum fluorum fluorum, which requires approximately two weeks of treatment to the victim, who is the driver of a vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes of a photograph of damage or a written diagnosis of injury;

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. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the mitigated area (10 months to 2 years) (special mitigation) of category 4 (Bodily Injury resulting from Violence against Drivers).

2. A normal condition favorable to the defendant who has rendered a sentence of sentence: The defendant has a deep depth of his/her mistake.

The defendant paid 2.5 million won as damages to the victim and agreed with the victim.

The degree of injury of the victim is not severe.

A defendant has no record of punishment, except for punishment of a fine on three occasions prior to the crime of this case.

The defendant's crime of this case is likely to cause serious damage to the life, body, or property of a third party due to traffic accident.

The above defendant's age, character and conduct, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime are revealed in the records and arguments of this case.

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