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(영문) 인천지방법원 2017.08.24 2017고합381
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 8, 2017, the Defendant: (a) 20:00, the victim C (47) operated in front of the Bupyeong-gu, Incheon, Bupyeong-gu Museum of War 151 on the road in front of the Bupyeong-gu, Incheon (151), was drunk to the head of D-si, who was on board as a customer, and was at the destination; (b) the victim was under the influence of alcohol once again; (c) the victim was under the influence of alcohol to stop the above taxi on the right-hand side; and (d) the victim was under the influence of alcohol; and (d) the victim was under the influence of alcohol once again; (d) the victim was under the influence of drinking alcohol; and (e) the victim was under the influence of drinking alcohol on one occasion; and (e) the victim was under the influence of the victim’s head and part of drinking alcohol; and (e) the victim was under the influence of the victim’s shoulder and part of drinking alcohol each time; and (e) the victim was under the influence of the victim’s tension and part of drinking.

Accordingly, the defendant assaulted the victim who is a 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 Acts: Imprisonment for one year and six months to fifteen years; and

2. The scope of the recommended punishment according to the sentencing criteria [the types of determination] and the scope of the recommended punishment [the scope of the recommended punishment] set forth in Category 4 (the person who has been specially mitigated for a driver] minor injury and penalty [the scope of the recommended punishment], the area of special mitigation, five months to two years [the scope of the corrected punishment], one year and six months from six months to two years (the minimum limit of the recommended punishment set forth in the sentencing criteria is set at the law applicable minimum limit, since the minimum limit of the recommended punishment set forth in the sentencing criteria is lower than the legal applicable minimum limit).

3. Determination of sentence: The defendant, who has been sentenced to a suspended sentence of one year and six months, shall assault the victim while driving a taxi after boarding the taxi of the victim;

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