logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2013.11.28 2013고합316
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 20:20 on September 26, 2013, the Defendant, a proxy engineer at the Myeon-dong Shodong, Seoul, was on board his own Dbea car operation group, which was driven by the victim C (the age of 49) who was an agent at the Shodong, Seoul, and was toward the Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, a destination.

On September 26, 2013, around 21:03, the Defendant got to go to the Magazian located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu 85, and took a bath for the victim who is driving in the direction of the south, and suffered an injury on the part of the victim, such as the victim's face and the part of the part above the part above the part above the part above the part of the victim, by drinking the victim.

Accordingly, the defendant abused the victim who is a driver of a vehicle in operation and suffered an injury.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police preparation C;

1. Application of the statutes governing photographs taken by victims C;

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

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following).

1. The scope of recommendations on the sentencing guidelines [the determination of types] within the range of recommendations [the scope of recommendations in the sentencing guidelines] used to commit assault and bodily injury [the person who is a special person] to be mitigated - the minor injury, non-guilty [the scope of recommendations] to be mitigated / [the scope of recommendations] to be mitigated / 1 year and 6 months to / 2 years [the scope of sentences to be mitigated / 10 years to 2 years of imprisonment, or 1/2 of special persons who are to be mitigated / so the minimum of the above sentencing range shall be mitigated to 1/2, but the minimum of the sentencing range of the mitigated recommendation (one year and 6 months of imprisonment) is lower than the minimum of the applicable sentencing range (one year and 6 months of imprisonment) under the law, and therefore the minimum of the applicable sentencing range under the law].

2. Determination of sentence: (a) the Defendant assaulted a substitute driver operating an automobile, thereby causing injury.

.such driver.

arrow