logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2014.06.27 2014고단197
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 29, 2014, the Defendant: (a) around 21:10 on March 29, 2014, the victim D (58 years of age) who drives C cab in front of the bus platform of the Y-ray apartment at C 174, sent to the Defendant the destination to the Defendant; (b) without any justifiable reason, the victim’s back to the Defendant, who is driving in the influence of alcohol, i.e., “I am and I am on the face of I am. I am. I am. I am. I am. I am. I am the victim’s face from the taxi at a time after I am. I am. The Defendant divided the part into the victim’s cab with the bridge with the victim’s knick with the knick.

Accordingly, the Defendant assaulted the driver of a motor vehicle in operation as above.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The scope of punishment by sentence: Imprisonment for not more than five years;

2. Scope of the sentencing guidelines [decision of types] the range of the recommended sentences for the sentencing guidelines, the group of violent crimes, the crime of violence, the first category of general assault [special mitigation] and the area of mitigation of punishment [the scope of the recommended area and the sentence of recommendation]: Not more than eight months;

3. Determination of sentence: The above sentence shall be determined by taking into account the favorable sentencing factors, such as imprisonment for four months, one year of suspended sentence, one year of probation and community service order, the fact that the accused committed the instant crime despite the fact that he was punished for the same kind of crime, etc., and that the accused and the accused are against their mistake, and that they agreed with the victim, etc.

It is so decided as per Disposition for the above reasons.

arrow