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(영문) 대전지방법원 천안지원 2015.07.15 2015고합71
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 17, 2014, around 08:20, the Defendant assaulted the victim’s coaches who was driving the said taxi on a drinking ground while moving to the auxiliary seat of the driver of D Do-si operated by the victim C(the age of 62) on the road in front of the Suwon Park, Suwon-si, Suwon-si, 307-ro, with the driver’s aids of D Do-si (the age of 62).

As a result, the Defendant assaulted the victim who is a driver of a vehicle in operation and caused the injury to the victim, such as the cutting of a saf for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to the criminal place, investigation report (in the course of operation, etc.), 112 reporters, damage photographs, CT photographs and CDs, investigation report, investigation report (verification of Violence) and investigation report (in the course of operation);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act on orders to provide community service and attend lectures;

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

2. Application of the sentencing criteria [decision of type] Crimes of violence, assault crimes, driver's bodily injury (type 4) (the area of recommendation and scope of recommendation): Basic area: one year and six months to three years [general person] mitigation elements: mental disability (the person in question is responsible).

3. Determination of sentence: One year and six months of imprisonment, and three years of suspended execution, the Defendant inflicted an injury on the driver of a motor vehicle in operation by assaulting him/her, and such an offense is likely to cause a large traffic accident and thus, the Defendant’s liability for the crime is minor because of high risk of causing many casualties and property damage.

subsection (b) of this section.

In addition, the defendant is punished by a fine twice or more due to an injury even before.

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