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(영문) 대구지방법원 김천지원 2017.05.16 2017고합9
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The sentence against the accused shall be determined by one year and six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On January 12, 2017, at around 22:10, the Defendant: (a) carried the victim E (25) who was a substitute driver on the D Do restaurant No. 4th national highway in Kimcheon-si, Kimcheon-si; (b) returned to the house with the Defendant’s possession of the Defendant, he was under the influence of alcohol and returned to the house; (c) when he was under the influence of alcohol, he was under the influence of alcohol, and (d) took the part of the victim’s right edge of the vehicle while driving the vehicle into the Defendant’s left blue part of the victim’s left blue; and (e) took the victim’s head debt with strong fluence; and (e) caused the victim’s injury, such as damage to the character of face, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of a medical 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 a period of one year and six months from one year to fifteen years;

2. The scope of the recommended punishment on the sentencing guidelines [the type of determination] the scope of the recommended punishment [the scope of the recommendation and the scope of the recommended punishment] used by the driver, the mitigated area of the driver's injury (the scope of the recommendation and the scope of the recommended punishment], the imprisonment of 10 months to 2 years [the scope of the modified recommendation], one year and six months from one year and six months to two years (the minimum limit of the recommended punishment is lower than the minimum limit of the applicable punishment in law, and therefore the minimum limit of the applicable punishment range in law is set based

3. Determination of sentence: Imprisonment with prison labor for a year and six months (two years of suspended sentence) the defendant, without any particular reason, abused the victim's face, who is a substitute driver, by means of scing his/her hair and scing his/her hair, and thereby causing injury.

The assault against the driver may cause another traffic accident to cause the second victim, and in fact, the vehicle was exposed to the risk of collision between the center and the center due to the assault by the defendant.

3.2

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