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(영문) 창원지방법원 2016.04.28 2015고합283
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for two years.

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

around 19:50 on the 17th day of Kimhae-si, around 19:17th day of July, 2015, the Defendant boarded the victim D (56 tax) as a guest under the influence of alcohol (taxies) and, without any justifiable reason, took a bath for the victim who was driving the said taxi (taxies), such as “Iak gue, gue, ice, Chewing,” etc., while taking the hand of the said vehicle in operation and making it possible for the victim to take the hand of the said vehicle, and turn off the part of the victim’s her knife, so that the victim’s arms can take the knife part of the knife, which requires treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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. 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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing criteria [type determination] : The group of violent crimes, violence crimes, driver's injury (type 4) : In a case where punishment is not imposed (including a serious effort to recover damage) or considerable damage is recovered from the sources of punishment (including the area of recommendation and the scope of the recommended punishment); imprisonment with prison labor for 10 months to 2 years [the scope of the recommended punishment that is modified by the applicable sentencing guidelines] 1 year and 6 months (the lowest limit of the sentencing range recommended by the sentencing guidelines is lower than the minimum limit of the applicable sentencing range under the law; thus, the lower limit is set according to the statutory minimum limit of the applicable sentencing range).

3. Determination of sentence: Imprisonment with prison labor for two years and suspended execution for three years; the crime in this case committed by the defendant is causing an injury to the driver of a vehicle in operation; such crime is deemed to cause a traffic accident and thus, risk of causing many casualties and property damage.

In addition, the defendant.

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