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(영문) 광주지방법원 2020.11.20 2020고합392
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, around 05:55 on June 28, 2020, 05: (a) around 05:5, 2020, the Defendant, in the taxi run by the victim D (the son and the 64 years old) who stopped in front of the road adjacent to the c convenience store in the Jeonnam-gun, expressed that “the victim has been able to have been able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able

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

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement of the victim;

1. Application of Acts and subordinate statutes of a medical 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

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

3. The main sentence of Article 62 (1) of the Criminal Act (the following consideration shall be repeated for the reason for sentencing).

4. Reasons for sentencing under Article 62-2 (1) of the Criminal Act on Probation.

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

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of punishment [the scope of the recommended punishment] and the scope of the recommended punishment [the scope of the recommendation field and the scope of the recommended punishment] mitigated punishment, ten months to two years [the scope of the recommended punishment corrected according to the applicable punishment] sentenced to imprisonment, one year and six months from six months to two years (the lowest limit of the applicable punishment under law).

3. Reasons for sentence of sentence and suspended sentence: One year and six months, and two years of suspended sentence;

A. The summary of the crime is the case where the Defendant spawn a taxi while under the influence of alcohol and inflicted an injury upon a driver in need of medical treatment for four weeks by assaulting the driver.

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