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(영문) 청주지방법원 2017.09.15 2017고합139
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 became final and conclusive.

Reasons

Punishment of the crime

On March 17, 2017, the Defendant: (a) around 16:55, at the Cheongju-si Office, and at the “D” restaurant parking lot, the Defendant, after drinking the victim E (n, 62 years of age) and drinking, was in the front seat of the old workplace, and returned to the back seat of the victim, and was in the vicinity of the Cheongju-gu Office, Cheongju-gu, the Defendant sustained the victim’s head car at several times and sustained the victim’s 14-day emergency care.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of a written injury diagnosis;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

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. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Scope of recommended sentences on the sentencing criteria: in a case where the scope of sentence recommended on the sentencing criteria for one year and June of imprisonment is inconsistent with the scope of applicable sentences by law, the lower limit of applicable sentences by law shall prevail.

2-year [Determination of Type] Crimes of Violence (Bodily Injury by Drivers): Reduction element of Punishment (The scope of recommended punishment): Imprisonment with prison labor for 10 months to 2 years.

3. Determination of sentence: One and half years of imprisonment with prison labor, and two years of suspended execution, the defendant abused the victim's hair and inflicted an injury. The above crime is likely to cause serious damage to the third party's life, body, and property due to traffic accident, so strict punishment is required.

However, the defendant is against his mistake when it comes to this law.

According to the agreement with the victim, the injured party does not want the punishment of the defendant.

The Defendant is prior to committing the instant crime.

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