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(영문) 부산지방법원 서부지원 2018.11.01 2018고합165
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 punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 14, 2018, the Defendant: (a) moved to a D taxi operated by the victim C (the 59-year-old age), instead of Seo-gu, Busan on the road for the apartment of culture, instead of the Seo-gu, Busan on May 14, 2018; (b) provided that the Defendant did not have a taxi for the victim; (c) provided that the victim would be able to take a bath at the boarding place; and (d) provided a breath of the victim’s face under the influence of alcohol, the Defendant inflicted an injury on the victim, such as dump, tension, etc. for approximately two weeks of treatment

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Injury photographs;

1. Photographs, black boxes, CDs;

1. Application of Acts and subordinate statutes of a medical certificate;

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. 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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for observation of protection and observation;

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

2. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for one year and a half years from June to two years (the type of determination) (the person causing violence to a driver): Reduction elements of the punishment (the scope of the recommended punishment) (the scope of the recommendation), reduction scope, reduction scope of the punishment, ten months to two years [the scope of the corrected recommended punishment]] from one year and six months from six months to two years from one year (the lowest limit of the sentencing range recommended by the sentencing criteria is lower than the statutory minimum limit of the applicable sentencing range, and therefore the applicable sentencing range is set at the statutory minimum limit of the applicable sentencing range).

3. The crime of this case resulting in the bodily injury of a driver of a vehicle in operation by assaulting the driver of the vehicle in operation. The crime of this case does not only infringe the driver's body, but also causes a traffic accident, such as the driver, passenger, and pedestrians of another vehicle.

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