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(영문) 광주지방법원 2017.02.16 2016고단4702
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

On September 25, 2016, the Defendant was under the influence of alcohol in the vicinity of the Haakdong-gu Seoul metropolitan area around 22:00, and was under the influence of alcohol in the steering of the victim C (61 tax) to the head of the victim C (61 tax), and then, the Defendant was under the influence of the head of the victim C (61 tax) to the head of the Dong-gu Do, Gwangju metropolitan area around 22:30 of the same day, and the Defendant was under the influence of the damaged person’s “F Coinna” near the “F

The payment of charges is required to be made.

In hearing the word "," the victim of the victim's own will, "I will do so in the way of strike," and the victim will do so by "I am in the way of strike."

“At the start of operation in the direction of the G police box”, while taking a bath, the part of the victim’s face by hand was stopped at the G police box, followed by stopping at the parking lot of the G police box, and the part of the victim was parked at one time.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Application of internal investigation reports and field photographs-related Acts and subordinate statutes;

1. Grounds for sentencing prescribed in Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Optional to Imprisonment) on the relevant criminal facts and the judgment of sentence;

1. Scope of the recommended punishment according to the sentencing criteria: Imprisonment for two months to October, and the special aggravated person in the basic area (two months to ten months) of the crimes of violence committed in the course of two months and one month: In cases of assaulting a driver of a motor vehicle in operation, a person who is specially mitigated in the course of special mitigation: A person who is not subject to punishment;

2. Determination of sentence: Imprisonment with prison labor for the crime of this case in May is that the defendant assaults the driver of a vehicle in operation, and the nature of the crime is not good;

There has been a number of times of punishment against drivers for violent crimes.

On February 4, 2015, this Court was sentenced to two years of suspended sentence on October due to a violation of the Road Traffic Act by this Court on February 12, 2015, and committed the instant crime without being aware of the fact that the judgment became final and conclusive on February 12, 2015.

It is inevitable to sentence sentence in light of such unfavorable circumstances.

However, the following points are:

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