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(영문) 대구지방법원 2019.09.20 2019고합228
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 22:00 on March 23, 2019, the Defendant: (a) took a bath to the victim that the victim would return to his/her destination while the victim was drunk while on board the E-cab driven by the victim D (the age of 64) while under the influence of alcohol in the vicinity of the C Community Center located in Yongcheon-si, Yongcheon-si; (b) thereby, the Defendant took a bath to the victim, stating that “this chop fe. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. 8

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report internal investigation (including the list of evidence Nos. 3, 5, and each accompanying material), investigation report (including the list Nos. 4, 7, 10, 11, and each accompanying material);

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment with prison labor for a year and six months to fifteen years;

2. Scope of recommendations according to the sentencing guidelines - Scope of recommendations [decision of types] - Violence crime: [Type 4] A driver's bodily injury (special person] - mitigated elements: In cases of minor injury, failure to punish (including serious efforts to recover damage) or recovery from considerable damage [the scope of recommendations and recommendations] - Special mitigation area, five months to two years [the scope of recommendations corrected according to the sentencing guidelines] - Imprisonment with prison labor for a year and six months to two years (the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, so the minimum limit of the applicable sentencing range is set according to the law applicable applicable sentencing range)

3. Determination of sentence: Imprisonment with prison labor for a year and six months (three years of suspension of execution of sentence);

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