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(영문) 서울동부지방법원 2014.07.11 2014고합178
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

A. The grounds for sentencing in favor of the reasons for sentencing

1. While some of the sentencing guidelines referred to in the reference sentencing guidelines can not be applied directly in relation of ordinary concurrent crimes, the sentencing guidelines shall be examined as data to refer to the sentencing decision.

Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Scope of Recommendation) / Type 4 (Bodily Injury to Drivers) / Special Mitigation Zone (Special Mitigation Zone from May to 2) / Minor Injury, Mental Disability and Person not subject to Punishment

(b) Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Scope of Aggravated Punishment, etc.) / [Scope of Aggravated Punishment, etc. of Specific Crimes] / Where a minor injury occurs in the area of special mitigation (from March to October) (including a special mitigation) after a traffic accident, where the illegality in the proviso of Article 3(2) of the Act on the Special Cases concerning the Settlement of Traffic Accidents is serious (Article 3(2)1 and 8 of the Act on the Special Cases concerning the Settlement of Traffic Accidents) / Driving under the influence of alcohol is not treated as a majority crime and is treated as a sentencing person only.

2. Determination of sentence: One year of imprisonment, and two years of suspended execution, the case is that the defendant assaulted the taxi driver in the course of operation in the state of being taken by the defendant, and the driver was injured by 4 other vehicles in violation of the signal and did not take necessary measures to damage the other vehicle, and the assaulting the driver in the course of operation of the vehicle may cause a large accident. The criminal is highly dangerous in that it might cause a large-scale accident; the defendant's blood alcohol concentration at the time of operation of the vehicle was considerably higher than 0.148%; and the accident caused by the operation in violation of large signal at the intersection may lead to a large amount of human life damage. In light of the above, punishment equivalent to the liability of the defendant is required.

However, the defendant is the first offender, and all of his errors are made.

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