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(영문) 수원지방법원 안산지원 2020.06.19 2020고합81
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

Around 23:43 on December 13, 2019, the Defendant: (a) was driven by the victim B (the 64 years of age) who was an agent for the victim B (the 64 years of age) in the vicinity of the Gunpo-si, Sipo-si, Sipo-si, Sipo-si; (b) was on the top of the steering line of the Cpo-si, Sipo-si, Sipo-si, Sipo-si, an destination; and (c) was on the 14th day of the same month, at around 00:15, at the 156th day of Ansan-si, Sipo-si, Sipo-si, Sipo-si, Sipo-si, Sipo-si, Sipo-si, Sipo-si, and was under the influence of alcohol before entering the direction of the Gupo-si.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to the photographic records, each injury diagnosis certificate, and detailed contents of the next red inquiry;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of recommendation [Article 4] violent crimes: No person who causes violence against a driver [Article 4], the basic area (the scope of recommendation area and recommendation range], the basic area of recommendation [the scope of recommendation area and recommendation range], and one year and six months to three years.

3. Determination of sentence: The crime of this case committed by the defendant in one year and six months is deemed to inflict an injury by assaulting the victim who is an acting engineer operating his/her own vehicle, and the crime of assaulting the driver of a vehicle in operation and causing an injury to the victim shall be deemed to be an illegal act against the life or body of the driver.

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