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(영문) 의정부지방법원 2017.11.29 2017고합363
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 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 September 5, 2017, the Defendant: (a) driven by the victim C (49 years of age) on behalf of the victim C (hereinafter referred to as the “C”) in the vicinity of the inspection distance on the road adjacent to the Gu-si 01:30 on September 5, 2017, while driving the Dworket No. 401 Dong 603 residential areas in Southyang-si, the Defendant rand the victim’s right side gate by drinking on one occasion; and (b) around 01:35 on the same day, the Defendant sawd the victim’s right side gate to the right side gate of the victim while driving on behalf of the victim E and 401 Dong 603 residential areas; and (c) carried the victim’s gate at one time in the vicinity of his residential area and 01:35 on the same day when driving on the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning C’s statement of the police suspect interrogation protocol against the defendant

1. A written statement prepared in 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. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Application of the sentencing criteria [the types of determination], violence, Type 4 (Special Mitigation Elements) (Special Mitigation Elements of Drivers), minor injury and penalty [the scope of recommended punishment], special mitigation area, one year and six months to two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is lower than the lowest limit of the applicable sentencing range in the law, and the lowest limit of the applicable sentencing range shall be set at the lowest limit of the applicable sentencing range in the law).

3. Determination of sentence: The act of violence against the driver of a motor vehicle in operation, such as the crime of this case, one year and six months of imprisonment with prison labor and two years of suspended execution, is serious as it threatens not only the body of the driver, but also the safety of pedestrians and other vehicles, and it is highly likely to cause additional damage by causing a traffic accident.

However, the defendant reflects his or her wrongness in depth.

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