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(영문) 서울동부지방법원 2017.07.20 2017고합163
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 becomes final and conclusive.

Reasons

Punishment of the crime

On December 21, 2016, at around 23:38, the Defendant was boarding the back seat of D Exemplary taxi operated under this Da (67 years of age) in the vicinity of the Seoul Cheongdam-dong, Gangnam-gu, Seoul (Seoul), and around 00:0 on December 22, 2016, the Defendant was under the influence of alcohol on the roads of the Dong-dong in Songpa-gu, Songpa-gu, Seoul, 94, and was able to compensate the victims for city expenses, and was under the influence of alcohol once the victim’s desire to take care of drinking, and walking the back seat glass on several occasions with the back seat of the victim's head, and was sicking the victim's head by hand, and led to a need for approximately 2 weeks treatment.

Summary of Evidence

1. Application of the police's report on investigation of the police's statement C by the defendant's legal statement (Scambling confirmation), records of investigation (influence submission), records of investigation (influence submission), photographs of damage, black stuffs video CDs, and records of injury diagnosis

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

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 on the sentencing guidelines [the type of determination] and the scope of the recommended punishment [the person who is in charge of special sentencing] class 4 (the person who is in charge of causing violence to driver] and the mitigated elements: In the area of minor injury and punishment [the scope of the recommended punishment] special mitigation [the scope of the recommended punishment] from May to two years [the scope of the corrected recommended punishment] from May to June (the scope of the corrected recommended punishment] from one year and six months (compliance with the lowest limit of the statutory applicable sentencing

3. Determination of sentence: Imprisonment with prison labor for one year and six months, and two years of suspended sentence;

(a) A crime of violence committed against a taxi driver who is in operation while under the influence of normal alcohol unfavorable to the defendant resulting in an injury by assaulting him/her by drinking or by hand; and thus, a large-scale loss of human life may occur due to a large accident;

B. The victim does not want the punishment of the defendant in agreement with the normal victim favorable to the defendant.

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