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(영문) 청주지방법원 2017.03.31 2016고합244
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 sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 1, 2016, the Defendant: (a) boarded 461, Cheongnam Agricultural Cooperative Co., Ltd. (hereinafter “Cheongnam Agricultural Cooperative”) around 16:30, the Defendant: (b) while getting in a taxi of the Victim C (57) in the city of Cheongnam-si; (c) while under the influence of alcohol, he was driving the taxi of the Victim C (57) and was under the influence of alcohol, and caused the Victim to suffer from a fluoral dumumumumumum in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. On-site reports (investigations, such as black stuffs, etc.), black stuffs images, photofluor photographs, black stuffs video CDs, investigation report (report on viewing of black stuffs and video);

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

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

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 one year and six months to 15 years;

2. Scope of recommended sentences on the sentencing criteria: in a case where the scope of sentence recommended on the sentencing criteria for one year and June of imprisonment is inconsistent with the scope of applicable sentences by law, the lower limit of applicable sentences by law shall prevail.

2-2 years [Determinations of Type] Violence Crime No. 4 (Bodily Injury by Drivers) (Specially mitigated Person)

3. Determination of sentence: One and half years of imprisonment with prison labor, and two years of suspended execution, the defendant assaulted a taxi engineer in driving to inflict an injury, and the crime of assaulting a driver is highly likely to cause serious damage to the life, body, or property of a third party by causing a traffic accident;

The defendant was unable to reach an agreement with the victim.

However, the degree of injury suffered by the victim is minor due to the crime of this case.

The defendant suffers from chronic alcohol addiction, depression, etc.

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