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(영문) 창원지방법원 마산지원 2020.07.24 2020고합25
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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

1. Around 15:30 on April 9, 2020, the Defendant: (a) stopped a DNA car operated by himself in front of the C members shop located in Changwon-si, Changwon-si; and (b) caused the injury of the brain ties to the victim, who is the driver of a motor vehicle in operation, who is the driver of a motor vehicle in operation, and was driving by a F urban bus driven by the victim E in the course of bypassing the bend place, with a view to “Chewing, fright to bit a bitch”; and (c) let the victim, who is the driver of a motor vehicle in operation, expressed his desire to “a bitle, bit a bit of a bitch” to “a bit of a bitch, bit of a bitch,” and caused the victim’s injury to the brain ties that requires treatment for about 10 days.

2. At the same place of 15:40 on the same day, the injured Defendant assaulted the victim, left his vehicle, and left the scene, and then, the victim ended by his body that prevents the Defendant from opening the driver’s seat of the Defendant’s vehicle, and forced approximately 10 times to close the driver’s seat on the part of the victim’s left part and the part of the bridge, resulting in the victim facing about about 10 days of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on internal investigation (abboxes and video materials attached to buses);

1. Application of the CD-related Acts and subordinate statutes to a diagnostic letter, a photograph taken on the boom, a photograph of a buckbox image, a photograph of a black boom, and a CD;

1. The main sentence of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by the driver or assault) and Article 257 (1) of the Criminal Act concerning the crime;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes within the scope of adding up the long-term punishment of two crimes to the crimes of violation of the Act on the Aggravated Punishment, etc.

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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