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(영문) 수원지방법원 평택지원 2018.03.23 2018고합14
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 punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 5, 2018, the Defendant: (a) a State that is in the Geumsan-dong, Simsan-si, Simsan-si, on the ground that: (b) the Defendant: (c) was boarding the victim’s D taxi in front of the Cheongdong, and was under the influence of the Plaintiff’s driver’s license in front of the Cheonguri apartment apartment, and appeared to have failed to work properly at the Eup in the same city and Myeon; and (d) the Defendant appeared to have been under the influence of alcohol; (b) the Defendant “Amt

The head of the victim, her head and face of the victim, was shakened by his hand, and the victim's head and face were taken into consideration by drinking, and the victim's head and face were taken into account for about two weeks in order for the victim to be treated.

Accordingly, the defendant injured the driver of a vehicle in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographs of the victim;

1. C Police Statement Statement;

1. Investigation report (Investigation of black boxes);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Orders to provide community service and attend lectures;

1. Not less than one year and six months, but not more than 15 years, of the applicable sentences in Acts;

2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] shall be limited to the basic area (the imprisonment with prison labor for not less than one year and six months but not more than three years) (the person subject to special sentencing] / Where the driver of a motor vehicle in operation commits assaults the driver of a motor vehicle in operation (aggravated element).

3. A crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. of Drivers) shall not only infringe on the body of a driver who has committed an assault, but also inflict damage on the life and body of ordinary citizens, such as drivers, passengers, and pedestrians of other vehicles by inducing a traffic accident.

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