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(영문) 대구지방법원 2017.08.11 2016고합200
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 13, 2015, the Defendant boarded the victim C (48 tax) in front of the Samduk Fire Station located in Samduk-gu, Daegu, Daegu, on the roads of the Samduk Fire Station (48 tax).

At around 06:10 on the same day, the Defendant was salving the victim’s face by drinking the Defendant’s shouldered twice, and was salving with the Defendant’s left hand.

After the victim reported to the police, the defendant was able to take the head of the victim's saf in a saf in a saf while driving a taxi in order to get out of the alley path, and was able to take the face of the victim by drinking a saf in a saf, and was saf in a saf in a saf and a part of the victim's face by driving a saf in a saf.

As a result, the defendant suffered approximately three weeks of medical treatment to the victim who is a driver of a motor vehicle in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a written diagnosis of victim C injury);

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. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and six months from one year to fifteen years;

2. Application of the sentencing criteria [the types] basic area [the scope of the recommended punishment] of the class 4 (Determination of the sphere of recommendation for violence by driver] and the basic area [the scope of the recommended punishment] from one year and six months to three years.

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and the crime of assaulting the driver of a motor vehicle in operation as in this case for two years of suspended execution is not limited to simply damaging the driver's body, but also causing a traffic accident.

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