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(영문) 대구지방법원 2014.11.28 2014고합424
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

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.

Reasons

Punishment of the crime

On May 10, 2014, the Defendant, at the taxi platform located in New-dong, Daegu-gu, Daegu-gu, 3,000, boarded with the victim C(49 years of age) driving as a customer, and went to Busan-do, a destination of which is 90,000 won.

However, at around 23:48, the Defendant got 237 roads in Daegu Dong-gu, Daegu Dong-ro, 237,000 won and only 80,000 won. Accordingly, the victim was able to go to Busan, making twice a drinking part of the victim's face while driving the city, and blick up the balth hand and blad up the left hand.

As a result, the defendant assaulted the victim who is the driver of a vehicle in operation and brought about about two weeks of medical treatment to him.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (as to attachment of a medical certificate for injury), photographs of the upper part of the body;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Insignificant injuries inflicted on the mitigation area (from October to two years) (special mitigation area) in the category four (in the case of assault and bodily injury inflicted on a driver), that is set forth in the sentencing guidelines.

3. Determination of sentence: One year and six months of imprisonment, and two years of suspended execution, the Defendant assaulted and injured a taxi engineer in operation, thereby causing additional accidents, such as traffic accidents, etc., and thus, the possibility of criticism is high.

However, under the influence of alcohol, the defendant led to the crime of this case, the degree of injury suffered by the victim is not serious, and the victim does not want the punishment of the defendant by agreement with the victim.

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