logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2015.03.25 2014고단2042
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 6, 2013, the Defendant was sentenced to imprisonment with prison labor for 6 months due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Crime of Violation of the Act on the Aggravated Punishment, etc. of Drivers, Violence, etc.) in the Gwangju District Court’s net support on November 6, 201

On October 19, 2014, at around 23:00, the Defendant was boarding a taxi driven by the victim E (year 55) on the front of the “D” road located in Friman City on October 19, 2014, and when the victim was aware that the Defendant was under the influence of alcohol and prevented the Defendant from opening a chief door, the Defendant was hicking the Defendant’s entrance by hand, and the victim’s face part was hicked three times.

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A photo of the damaged part;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes of 11 copies of judgment;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, the reasons for sentencing selecting imprisonment with prison labor;

1. The scope of the recommended sentence on the sentencing guidelines - The scope of assaulting crimes within the scope of the recommended sentence - the area of special mitigation (one to eight months), the case where the degree of assault by a person subject to special mitigation is insignificant (Articles 1, 6, and 7), the case where the amount of assault by a person subject to special mitigation is not subject to punishment (including serious efforts to recover damage), or the case where considerable damage has been restored;

2. Whether or not to carry out the suspension of execution - The reasons for major reference: The negative previous convictions of the same kind (not more than five years of suspension of execution, or a fine not less than three times): The reason for main references: positive penalty (including serious efforts for recovery of damage) - Where the driver of the motor vehicle who has been driving for not less than two times of suspension of execution is a victim;

3. The fact that the defendant's decision of sentencing reflects his mistake, and that the victim is not punished is favorable to the defendant.

However, in operation.

arrow