logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.05.26 2015고합97
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 became final and conclusive.

Reasons

Punishment of the crime

At around 22:30 on January 30, 2014, the Defendant was on board the front seat of the D Hospital located in Chang Sea-gu, Changwon-si C, with a passenger on the back seat of the F taxi driven by the victim E (the age of 52).

At around 22:45 on the same day, the Defendant received approximately two weeks of treatment from the victim when he/she was drunkly in front of the He/she was running the He/sheagu G in Sungwon-si, Changwon-si, and when he/she was drunkly drinking in both sides of the victim without any justifiable reason, he/she was able to receive approximately two weeks of treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of victim E;

1. A written diagnosis of injury;

1. A photograph of the head of the crime;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

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. Application of the sentencing criteria [decision of type] violent crime: Type 4 (Bodily Injury resulting from Violence to Drivers) [Special Sentencing] mitigated area] mitigated area; imprisonment for 10 months to 2 years (Provided, That no punishment may be imposed less than imprisonment for 1 year and 6 months, which is the lowest limit of applicable punishment in law; thus, imprisonment for 1 year and 6 months shall be the lowest limit); and

2. Determination of sentence: One year and six months of imprisonment, and two years of suspended execution are crimes of this case where the defendant assaulted a taxi engineer who was driving to inflict an injury, and the crimes of this case are very heavy in that they are dangerous acts that may inflict an injury on many and unspecified persons by causing a traffic accident to a driver.

However, there is no secondary damage, such as traffic accidents, even though the defendant is against his/her own mistake, and the defendant is the victim.

arrow