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(영문) 전주지방법원 2014.05.29 2010고합51
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On January 4, 2010, the Defendant: (a) around 22:29, around 23, 2010, the Defendant returned to the passage of alcohol in the CD Company bus in front of the 23-day mountain intersection which was in operation of the national highway in the CD Company bus, and demanded the Defendant to sit at a dangerous location. (b) On the ground that the Victim E (the age of 51) was able to request the Defendant to sit at the seat of the victim five times in drinking, the Defendant got the victim to take about two weeks of the face of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to CDs), a criminal investigation report (specific for the fact of damage), and a criminal investigation report (copied telephone conversations);

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. The reason for sentencing under Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances among the reasons for sentencing)

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

2. Extent of the recommended sentence according to the sentencing guidelines (decision of type), group of violent crimes, assault crimes, and type 4 (Bodily Bodily Aggravated Injury to Drivers): No mitigated element: Insignificant injury and non-reduction of punishment (the scope of recommending punishment): Imprisonment with prison labor for up to five months from May to two years (the scope of the recommended sentence revised in consideration of the lower limit of the applicable sentence under Acts): Imprisonment for one year and six months from six years to two years;

3. Determination of sentence: Imprisonment with prison labor for 2 years, suspended execution for 3 years, the crime of this case was committed by the defendant while the victim, who is a bus driver, and the act of inflicting bodily injury on the driver of a vehicle in operation, leading to a traffic accident, which is highly dangerous, the defendant has a criminal record of a fine several times, and the defendant was in a state of unknown whereabouts for a considerable period without attending the court on the initial trial date.

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