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(영문) 제주지방법원 2014.05.29 2014고합28
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 three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On January 8, 2014, at around 01:40, the Defendant: (a) placed a vision on the front of the “D” driven by the victim E (the age of 48) on the road in Jeju-si; (b) requested the victim to turn to the left at a zone where the right is prohibited under the influence of alcohol; and (c) made it possible for the victim to turn to the left at the left; and (d) taken the hand by “the death of the same spher shall be discarded off”; and (d) made one time the victim’s face at one time.”

As a result, the Defendant inflicted an injury on the victim, who is the driver of a motor vehicle in operation, such as the right chin, tension, etc., which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each report on investigation;

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

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 concerning the crime

2. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing):

3. Article 62 (1) of the Act on Suspension of Execution (The following consideration shall be repeated for the reason for sentencing).

4. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing guidelines [Determination of type] applicable to violence crime: (a) the driver's injury (type 4) (special person) mitigation element); (b) the minor injury [determination of the recommending area] mitigation area / [Scope of the recommended punishment] imprisonment for 10 months to 2 years [Scope of the revised punishment] imprisonment for 10 months [a range of the recommended punishment] from 16 months to 2 years (a period of imprisonment for 1 year and 6 months shall be recommended at the lowest limit of the applicable punishment in accordance with the applicable sentences, as it is inconsistent with the minimum limit of the applicable sentences under the law] [a period of suspension of execution] the main reason for major participation (esteem) - there is no contingent crime, serious reflector, or criminal records of suspended sentence for more serious general participation.

3. Determination of sentence: The crime of this case, including one year and six months of imprisonment, and three years of suspended execution, shall not be driven on the ground that the defendant does not drive in the direction that he wishes;

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