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(영문) 청주지방법원 2020.05.08 2020고합47
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 02:00 on January 17, 2020, the Defendant was on the back seat of the Do taxi operated by the victim C (Namnam and 64 years of age) in the Cheongju-si, Cheongju-si, and went into the E market room in the Cheongju-si, Cheongju-si, without any justifiable reason, while being under the influence of alcohol on the road in front of the Cheongju-si, Cheongju-si, Cheongju-si, Cheongju-si, Cheongju-si, she saw the victim's shoulder, she saw the victim's shoulder by hand, she gets the victim's shoulder by hand, and she gets the victim's head by drinking.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis of injury;

1. Application of the investigation report (the confirmation of the victim's motion picture) (the confirmation of the victim's motion picture), and the laws and regulations on taxi booms video CDs;

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 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. 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 punishment by law: Imprisonment with prison labor for a year and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] the driver's bodily injury [the type 4] the mitigated elements of the punishment (including serious efforts to recover damage] or considerable damage therefrom (the scope of the recommended punishment area and the recommended punishment] mitigated areas, ten months to two years [ the scope of the corrected recommended punishment according to the applicable sentencing] imprisonment with prison labor for one year and six months through two years (the lowest limit of the sentencing range recommended by the applicable sentencing committee is inconsistent with the statutory minimum limit of the applicable sentencing area), and so the sentencing guidelines (the lowest limit of the applicable sentencing in law shall apply to the case where the lowest limit of the sentencing range recommended by the applicable sentencing committee is inconsistent with the applicable sentencing guidelines).

3. Determination of sentence: One and half years of imprisonment, and two years of suspended sentence, the defendant, without any justifiable reason, suffers damage in operation;

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