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(영문) 의정부지방법원 고양지원 2016.07.15 2016고합50
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

The Defendant, around 22:00 on May 8, 2013, was on the top of the steering line of the victim C (5 taxes) in Gangnam-gu Seoul, Seoul, and was under the influence of alcohol at a point of 100 meters from the Mapo-gu, Mapo-gu, Seoul, at a point of 100 meters from the Mapo-gu, Mapo-gu, Seoul, at a point of 100 meters from the Mapo-gu, Mapo-gu, Seoul, with the direction of mountain.

The victim’s face while driving is 10 times as drinking, and even after the taxi stops, the victim’s chests and buckbucks caused approximately three strings to put the victim’s arms and bucks, and caused the victim’s injury, such as bucks, requiring approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement to be prepared;

1. Application of Acts and subordinate statutes of the upper part of the body photograph, and the written diagnosis of injury;

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. 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)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act;

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

2. Reduction elements of the recommended punishment according to the sentencing criteria: The scope of the recommended punishment [the type of determination] [the scope of the recommended punishment refers to the lowest limit of the applicable sentencing under the law, since the scope of the sentence recommended in the sentencing criteria is inconsistent with the lowest limit of the applicable sentencing standards under the law, it shall be set at the lowest limit of the applicable sentencing standards under the law).

3. Criteria for the suspension of execution (major reasons): A positive crime, in cases where the driver of a motor vehicle in operation is a victim: A contingent crime, serious reflective crime.

4. Determination of sentence: Motor vehicles running for one and half years of imprisonment or for three years of a stay of execution.

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