logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.04.28 2017고합82
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 March 15, 2017, the Defendant boarded at E-si operated by the victim D (47 tax) in the neighboring street of the C Building located in Daegu Jung-gu, Daegu-gu.

The Defendant, at around 02:50 on the same day, assaulted the victim, who is a driver of a vehicle in operation, on the ground that the victim continued to drive the vehicle without hearing the horses of the Defendant, which 36:60-lanes from the off-ro, Daegu Northern-gu, 36:50 on the same day.

As a result, the defendant suffered from the victim's ambry in a face-to-face in need of medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

2. Application of the sentencing criteria [the types of determination] and class 4 (the person causing violence to a driver) (the person causing special sentencing): The mitigated element: In the area of minor injury and punishment [the scope of recommendation] special mitigation [the scope of recommendation] from five months to two years [ the scope of modified recommendation] from one year and six months to two years (the lowest limit of recommendation according to the sentencing criteria is lower than the statutory minimum limit of applicable sentences, and the lowest limit of punishment is set by the applicable applicable sentences under the law]; and thus, the lower limit of the recommendation according to the sentencing criteria is set by the applicable sentences under the law).

3. Determination of sentence: One and half years of imprisonment, and two years of suspended execution, the crime of assaulting and injuring the driver of a motor vehicle in operation as in this case does not merely inflict any damage on the driver's body, but it is highly likely to cause any additional damage due to the occurrence of a traffic accident. Therefore, the defendant's responsibility is not exceptionally imposed.

However, the defendant.

arrow