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(영문) 대전지방법원 2014.06.13 2014고합86
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 21, 2014, at around 01:20, the Defendant: (a) went home and returned to the head of FF taxi operated by the victim E (year 61) in front of the Daejeon Middle-gu “D” club; (b) around 01:22 minutes of the same day, the Defendant expressed the victim’s desire to “the victim, who was driven by the victim of alcohol in the vicinity of the Daejeon Jung-gu G, would return to the cab that the victim would drive,” “the victim, who was driven by the victim of alcohol in the vicinity of the Daejeon-gu G, 10 minutes of the victim’s snow around 10 hours of drinking, and she laid the victim’s body with the victim’s head.

As a result, the defendant assaulted the victim who is the driver of a vehicle in operation and caused on the part of the inner area in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Damage photographs;

1. Application of Acts and subordinate statutes to an investigation report (Submission of an injury diagnosis report);

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. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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

1. Scope of applicable sentences: Imprisonment with prison labor for one year and six months to 15 years;

2. Application of the sentencing criteria [Scope of Recommendation] Class IV (Bodily Injury resulting from Violence to Drivers) and the area of special mitigation (five to two years) (Special Mitigation) (Special Mitigation) of crimes, the minor injury and non-compliance with the punishment;

3. Determination of sentence: The instant crime committed with one year and six months of imprisonment, two years of suspended execution, and 40 hours of lecture is committed by assaulting the driver of a vehicle in operation and causing danger to traffic, such as the occurrence of additional accidents, in addition to the possibility of criticism on the crime itself, the nature of the relevant crime is more serious, and the Defendant has been punished six times including six times of violent crimes.

Therefore, there is a need for punishment corresponding to the criminal liability for the defendant.

However, the defendant.

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