logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2019.01.25 2018고합106
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 became final and conclusive.

Reasons

Punishment of the crime

On August 17, 2018, at around 21:00, the Defendant: (a) boarded the head of C-si that was operated by the Victim B (the 62-year-old) and was scheduled to be a destination; and (b) caused the victim’s face on the ground that the cab was driven by the E convenience store located in D in the Masan-si Masan-si, Changwon-si; and (c) caused the victim’s injury to the victim, such as a per-time child in need of two weeks of treatment.

Accordingly, the defendant injured the victim who is a taxi driver in operation.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement concerning B;

1. A criminal investigation report (related to attaching a copy of a taxi track image);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act (the second sentence) of the suspended sentence;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. The scope of the recommended punishment according to the sentencing criteria (the determination of types) shall be limited to the range of recommendations (the scope of decisions of types) according to the sentencing criteria, and the types of assault crimes (the injury resulting from assault against drivers) (the injury resulting from assault against drivers), the penalty not exceeding 10 months (the scope of the recommended punishment)

3. The offense of this case committed by a defendant who has been sentenced to punishment is not limited to endangering the body of the driver, but is highly likely to cause a traffic accident and thus threaten the safety of passengers, pedestrians, etc., the punishment for such offense shall not be minor;

However, under the circumstances favorable to the defendant, the fact that the defendant recognized his mistake and reflects the fact that the victim does not want punishment against the defendant, etc., the punishment shall be determined by taking into account the circumstances favorable to the defendant, and by taking into account various sentencing conditions as shown in the arguments in this case, such as the motive, means and result of the crime,

It is so decided as per Disposition for the above reasons.

arrow