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(영문) 대구지방법원 서부지원 2019.07.18 2019고합16
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by imprisonment for a term of 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 4, 2018, around 03:20 on December 4, 2018, the Defendant: (a) boarded a cab operated by a victim B (the 60-year-old age) in front of a mutually unclaimed restaurant located in Nam-gu Daegu-gu, Daegu-gu; and (b) brought about a dispute over the victim in the course of paying taxi charges on the seat of the Daegu-gu, Daegu-gu, which is the destination; (c) paid the taxi charges to the victim; (d) however, the Defendant continued to be on board the head of the said cab on the ground that the son is bad.

The defendant was running a vehicle to the police as close as the victim is driving the vehicle to the nearest district to report to the police, and the victim was making a drinking to the right side of the victim.

As a result, the defendant put the victim, who is the driver of a motor vehicle in operation, into a right spons in need of treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A report on investigation (the sequence 7 in list of evidence);

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

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following favorable sentencing grounds):

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of Sentencing for the following reasons):

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one 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] shall be [the type 4] the driver's bodily injury (the person who is a special person] mitigated element of mitigation: In the event of minor injury, failure to punish (including serious efforts to recover damage) or considerable damage (the scope of the recommended punishment] special mitigation range, five months to two years [the scope of the recommended punishment corrected by the applicable sentencing range] sentenced to imprisonment for one year and six months through two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and the applicable sentencing range shall be set according to the statutory minimum limit of the applicable sentencing range);

3. Sentence;

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