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(영문) 전주지방법원 2017.12.01 2017고합211
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

On April 30, 2017, around 16:50 on April 30, 2017, the Defendant was driving a car E from the shooting distance of D Private Teaching Institutes located in Yeongsan-gu Seoul Special Metropolitan City, and was driving by the victim F (48 years) while driving a car along one-lane from Kim Jong-do to Jeonju-gu.

G Bus caused the loss in the future of the passenger car operated by Defendant driver, and the victim's driver's vehicle was set down next to the bus in the signal waiting, and the victim's driver's driver's vehicle was able to catch the victim's breath which was sitting in the driver's seat by hand, resulting in the victim's 14-day emergency treatment.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. A written statement;

1. A written diagnosis of injury;

1. Voluntary report on the person suspected of having violated the Act on the Aggravated Punishment of Specific Crimes (Assault of a driver) or insultd, report on internal investigation (including a photo of the crime scene, photograph of the black stuff image), and report on an investigation (Submission of a written diagnosis of injury);

1. Application of the CDA (Scambling video) statute

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. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

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

2. The basic area of the sentencing criteria [the scope of recommendations] types No. 4 (Bodily Injury by Violence of Drivers], the basic area of the sentencing criteria from June to three years.

3. Determination of sentence: One year and six months of imprisonment, three years of suspended execution, and one hundred and twenty hours of crime of this case shall be the driver of a motor vehicle in which the defendant is in operation at a time on the grounds that the defendant is a victim and overtaking.

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