Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Violence on Drivers)

2) Violation of the Road Traffic Act (driving), theft

A, Other

Kim Jong- or (Lawsuits) and Lee Jin-jin (Trial)

Attorney B (Korean National Assembly)

July 11, 2014

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

To order the accused to attend the alcohol treatment lecture for 80 hours.

Criminal facts

1. Violation of the Aggravated Punishment, etc. of Specific Crimes Act;

On April 22, 2014: (a) around 40, the Defendant 20: (b) taken alcohol in front of the singing of the victim’s ○○○ (the age of 48) taxi seat at the back of the taxi seat located in Ulsan-gun, Ulsan-gun, U.S., where the Defendant was living, and was in the vicinity of the Sinsan-gun, Ulsan-gun, U.S., where the Defendant was living, and was in the vicinity of the Gulsan-gun, Ulsan-gun, U.S., where the Defendant used to take the alcohol in front of the singular seat located in Ulsan-gu, Ulsan-gu, U.S.; and (c) on the one hand, the Defendant seeed the victim “hing-do, where she was fried.”

2. Larceny;

At the same time as paragraph (1), the Defendant: (a) stopped the said taxi in order to avoid a threat to the act under paragraph (1); (b) left the taxi without reducing the height of the taxi; (c) landed from the back seat of the said taxi; and (d) boarded the said taxi at the market price of KRW 12 million owned by the victim C (State) by driving the said taxi; and (d) cut off the said taxi at the front seat of the said taxi; and (e) cut the said taxi at the victim’s market price of KRW 12 million owned by the said taxi.

3. Violation of the Road Traffic Act (Drinking).

On April 22, 2014, 01: around 50, the Defendant driven an chip taxi with the blood alcohol content of 0.128% at the section of approximately 8 km from the place of paragraph (1) to the area of 40 km in Ulsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The circumstantial statement of the employee;

1. A copy of a report on arrest of the suspect;

1. A medical certificate;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing violence to a driver), Article 329 of the Criminal Act (the point of larceny, the choice of imprisonment), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking and the choice of imprisonment)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act / [Article 38 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Violation of Driver, Violence, etc.)]

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following circumstances considered in favor of the reasons for sentencing)

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing have been repeatedly taken into consideration for favorable circumstances)

1. Order to attend lectures;

Article 62-2 of the Criminal Act

Reasons for sentencing

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

2. Application of the sentencing criteria;

(a) Basic crime: Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Violence against Drivers);

[Determination of Type] Violence Crime

[Special Instigator] Reduction element: Minor injury (type 2, 4). Non-existence of Punishment

【Decision on the recommended Area】 Special mitigation Area

[Scope of Recommendation] Five months to Two years

(b) Minority crimes;

[Determination of Type] thieth on General Property (General thieth)

[Special Convicts] Reductions: Non-Punishments

[Determination of the recommended Area] Reduction Area

【Scope of Recommendation】 April to October

(c) Application of standards for handling multiple crimes: May to February (the first crime maximum + the second crime maximum) 3: Determination of sentence: Imprisonment for one year and six months, suspension of execution for two years, and 80 hours of alcohol treatment lectures;

The crime of this case committed by the defendant assaults the following articles in the taxi under the influence of alcohol, steals the cab of the flight of the person under the influence of alcohol, and driving on the expressway in the state of drinking. However, the contents of the crime do not seem to be mitigated. However, under the influence of alcohol, the defendant seems to have been unable to commit the crime of this case; the defendant all of the crime of this case is led to confessions and reflects by the defendant; the defendant agreed with the victim (the taxi driver and the taxi company); the defendant has no record of having been sentenced to a suspended sentence or heavier punishment including this type of criminal record, but the defendant has no record of having been sentenced to a suspended sentence or heavier punishment including this type of criminal record; the defendant's age, character and behavior records and arguments.

Judges fixed line

Judge Senior Professor

Judge Completion Notes