A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Violence against Drivers, etc.)

A

(2) The number of days of prosecution and the number of days of prosecution;

Attorney B (Korean National Assembly)

January 20, 2017

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Criminal facts

At around 00:00 on September 10, 2016, the Defendant was boarding a F rocketing taxi operated by the victim E (50 years of age) on the road in front of the "Dhop" house in Dongjak-gu Seoul Metropolitan Government.

At around 00:09 on the same day, the Defendant was in front of the road 7-o, 7-gil-dong, Seocho-gu, Seoul, and LG Electronic, and had two parts of the victim’s body in operation without any reason under the influence of alcohol, which require treatment for about 14 days to be performed by the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A medical certificate;

1. Receipt of taxi charges and application of statutes on photographs of victims of damage therefrom;

1. Article applicable to criminal facts;

Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

1. Suspension of execution;

Article 62 (1) of the Criminal Act: Reasons for sentencing; 1. Scope of recommended sentences according to sentencing guidelines;

[Determination of Punishment] Violence Crimes, Violence Crimes, Type 4 (Bodily Injury by Drivers)

[Special Mitigation] Minor Bodily Injury, Non-Punishment

[Recommendation and Scope of Recommendations] Special Mitigation Area, 5-2 years of imprisonment

2. Determination of sentence: In light of the fact that violence against a driver who is in operation for a period of one year and six months of imprisonment or two years of suspended execution is likely to cause damage to an unspecified number of people and property due to a large accident, etc., the liability of the defendant for the crime cannot be deemed to be mitigated;

However, the defendant recognized the crime of this case and reflects his mistake, and there is no record of punishment except for the punishment sentenced once due to drinking driving. The degree of injury inflicted by the victim is not much severe, and the defendant does not want the punishment against the defendant by mutual consent only with the victim. In addition, the defendant's age, character and behavior, environment, background and motive of the crime, circumstances after the crime, etc. are considered in the records and arguments of this case, and all of the sentencing conditions shown in the arguments of this case shall be determined as ordered.

presiding judge, judges, vibration

Judges Park Jong-soo

Judges Kim Jae-nam