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(영문) 청주지방법원 2018.06.29 2018고합68
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of a 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 October 7, 2017, while driving a taxi at around 17:55, the Defendant, as a taxi driver, committed assaulting the victim, such as flaps and tensions that require treatment for a period of 14 days, on the ground that the victim C (40 years old) driven by the victim C (hereinafter referred to as the “D urban bus”) was sounding the horn, and the injured party stopped the bus at the bus at the bus stops located in the 363-1 underground commercial bus stops in order to get passengers get on and off the bus at the Cheongju-si, and caused the injured party by assaulting the victim, such as flaps of the victim who was sitting on the bus at the 363-1 driver’s seat on the bus, flapsing the victim’s son and ear, and pushing the face.

Summary of Evidence

The application of the police's statement report (verification of whether the victim is treated) to the defendant's legal statement C, photograph of the victim, and the statute

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;

2. 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).

3. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing):

4. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order.

1. Scope of applicable sentences under the Acts reduced amount: Imprisonment with prison labor for one year and six months to fifteen years;

2. Scope of recommending the sentencing guidelines: The scope of recommending the sentencing guidelines for a year and June is lower than the lower limit of the applicable sentencing guidelines by law, so that the range of recommending the sentencing guidelines by the sentencing guidelines for a year and June is lower than the lower limit of the applicable sentencing guidelines by law, from 2 years to 4 years [referring to the lower limit of the applicable sentencing guidelines], and minor injury (the scope of the recommended punishment by a person who is specially mitigated for a driver]: October to 2 years.

3. Determination of sentence: One year and six months of imprisonment, and two years of suspended execution, the crime of this case committed by the defendant by assaulting a bus engineer in a bus operation. Such an act is not only an unlawful infringement on the driver's body, but also a threat to the safety of passengers, other vehicles, etc., and may lead to a serious accident of human life damage.

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