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(영문) 청주지방법원 2018.01.19 2017고합300
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 sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 22, 2017, the Defendant: (a) was under the influence of the Defendant on the road in front of the “Korea-Saundi apartment complex located in Heung-gu, So-gu, So-gu, So-called, So-called “D” taxi operated by the Defendant (62) and went into the Defendant’s house while driving into the Defendant’s house; (b) where the Defendant, without any special reason, fell into the Defendant’s house.

C. We can use a swelthing us to us, swelthing, swelthing, swelthing, swelthing, and swelthing the victim's back to water on a hand.

Accordingly, the Defendant inflicted injury on the victim, who is the driver of a motor vehicle in operation, such as cerebral typ, without an open head in need of treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement prepared by C;

1. A medical certificate of injury attached to an investigation report (Attachment to a medical certificate of injury);

1. Application of Acts and subordinate statutes to a report on investigation (a copy and analysis of a track image);

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

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. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Scope of recommended sentences on the sentencing criteria: in a case where the scope of sentence recommended on the sentencing criteria for one year and June of imprisonment is inconsistent with the scope of applicable sentences by law, the lower limit of applicable sentences by law shall prevail.

2-year [Determination of Type] Crimes of Violence (Bodily Injury by Drivers): Reduction element of Punishment (The scope of recommended punishment): Imprisonment with prison labor for 10 months to 2 years.

3. Determination of sentence: One and half years of imprisonment with prison labor, and two years of suspended sentence are crimes of this case committed by the defendant by assaulting the defendant in such a manner as to inflict the head of the victim while driving without any special reason, and the above crimes are traffic accidents.

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