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(영문) 대구지방법원 2020.05.08 2020고합26
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by imprisonment for a term of 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

Criminal facts

On November 16, 2019, at around 19:47, the Defendant, while boarding a taxi (C) driven by the injured party B (59 years of age), called U-ton to the victim in front of the “E church” located in Daegu North-gu D, Daegu, but refused to read “the victim shall not have any illegal U-ton,” and made a time one-time stop of the injured party’s right shoulder.

As a result, the defendant assaulted the victim who is the driver of a vehicle in operation and brought the victim a shoulder and the arms in need of the treatment period of two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation report (including Nos. 6 and accompanying photographs of evidence list);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a year and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the decision of types] the scope of violent crimes [the Sentencing 4] the driver's injury [the person who is a special person] mitigation element: the driver's injury (the 2 and 4 categories): the minor injury (the 2 and 4 categories); the non-exclusive mitigation range [the scope of the recommended area and the recommended punishment] the special mitigation range; the imprisonment for 5 months to 2 years (the scope of the recommended punishment corrected by the applicable sentencing range] the imprisonment for 1 year and 6 months to 2 years (the lowest of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range).

3. Determination of sentence: Imprisonment with prison labor for one year and six months, and the defendant with a suspended sentence for three years shall assault a victim who drives a taxi to inflict bodily injury;

Violence against drivers is a highly dangerous crime that may cause an unbrupt traffic accident and cause serious harm to human life.

The defendant.

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