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(영문) 대전지방법원 2015.12.17 2015고합359
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

At around 10:00 on October 6, 2015, the Defendant: (a) Do-si operated by the victim C(59 years of age) in front of the Sungnam-dong, Daejeon-dong; (b) Da-si, which was a customer and was seated in the back seat; (c) 2 times the victim’s face face level ; (d) 1 time the body part was frighted, without any justifiable reason, by drinking the victim’s body part ; and (e) 2 times the victim’s face part ; and (e) dump and tension of the bones, 2 times the body part was frighted, and was frighted.

Accordingly, the defendant injured the driver of a vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on investigation;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Application of the sentencing criteria [Scope of Recommendation] Types IV (Crime of Violence by Drivers) and the area of special mitigation (five months to two years) (special mitigation) (limited to the scope of revised recommendation), minor injury, non-compliance with punishment (the scope of revised recommendation), from one year and six months to two years (the subordinate sentence shall be governed by the law).

3. Determination of sentence: Imprisonment with prison labor for a year and six months; imprisonment for a crime of this case, the crime of this case was committed by the defendant on several occasions while driving a taxi; the act of assaulting the driver of a motor vehicle in the same way is highly likely to cause a large traffic accident; and the criminal defendant has a history of being punished several times due to violent crimes, and the nature of the crime is not exceptionally considered.

However, the defendant is under the influence of alcohol when committing the crime of this case.

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