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(영문) 대구지방법원 2017.08.18 2016고합531
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by imprisonment for a term of 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 June 28, 2016, around 19:55, the Defendant: (a) boarded a victim C (hereinafter referred to as “C”) around the south Daegu-gu Telephone (hereinafter referred to as 57 years of age) on the road near the Southern-gu Telephone located in Daegu-gu, Daegu-gu, 2016; (b) took the front line of the D Do-si operated under this Do-gu (hereinafter referred to as “D-si”); (c) took a bath around his/her own seat, and took a bath in front of the Nam-gu, Daegu-gu, 20:00 on the same day; and (d) took two times as drinking at the right side of the victim while taking three times as drinking, the Defendant sawd the victim about the face of about 14 days for 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 C;

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

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 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 a period of one year and six months from one year to fifteen years;

2. Application of the sentencing criteria [the types of determination] and class 4 (Bodily Injury by Violence of Drivers): Reduction elements: In the area of minor injury and punishment [the area of recommendation] special mitigation [the scope of recommendation] from May to two years [the scope of modified punishment] from one year and six months to two years (the lowest limit of recommendation according to the sentencing criteria is lower than the statutory minimum limit of applicable sentences, and the lower limit is set by the applicable applicable sentences in law]; and thus, the lower limit is set by the applicable sentences under the law).

3. Determination of sentence: One year and six months of imprisonment, and two years of suspended execution, the crime of assaulting the driver of a motor vehicle in operation and causing bodily injury to the driver is not limited to simply causing damage to the driver's body, and the defendant's person is highly likely to cause additional damage by causing a traffic accident.

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