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(영문) 창원지방법원 진주지원 2018.04.26 2018고합23
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 three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 29, 2017, the Defendant: (a) had the victim D (64 tax) who is an acting engineer of the Defendant operating an observer car under the influence of alcohol on September 29, 2017; (b) had the victim’s face at three times due to left hand, and caused the victim’s injury to the victim, which requires approximately two weeks of medical treatment.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

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

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. Imprisonment with prison labor for a period of one year and six months from six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing criteria [the types of decisions] the scope of the recommended punishment according to the sentencing criteria shall be limited [the scope of the recommended punishment shall be set at the lower limit of the statutory applicable sentencing standards, since the lower limit of the recommended punishment according to the sentencing guidelines is lower than the lower limit of the statutory applicable sentencing standards]. The mitigated elements of the punishment, minor injuries (the decision in the sphere of recommendation] mitigation area [the scope of the recommended punishment], one year and six months to two years (the lower limit of the recommended punishment according to the sentencing guidelines is lower

3. Crimes of violence against the sentenced driver may cause a traffic accident, which may cause serious damage to the life, body, or property of a third party, and the nature of such crime shall not be minor;

However, it is true that the injured party does not want the punishment of the defendant because the defendant agreed smoothly with the injured party, and the specific danger of road traffic by the act of violence of the defendant is actually dangerous.

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