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(영문) 서울서부지방법원 2018.06.08 2018고합79
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

At around 22:00 on March 18, 2018, the Defendant, while getting on and off the top of the driver’s vehicle of the victim C (38 tax) who is an agent, was under the influence of alcohol and was under the influence of alcohol to the victim, and was under the influence of alcohol to the victim. On the other hand, the Defendant inflicted an injury on the victim, such as the impairment of the character of any other part of any item that requires approximately two weeks of medical treatment and the sprinking of the victim.

Accordingly, the defendant assaulted the victim who is the driver of a vehicle in operation and caused the damage to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation of Protection and Order to Attend Education, Order to provide community service, and Order to provide community service;

1. The scope of punishment by law: Imprisonment for not less than one year and six months but not more than fifteen years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Types 4 [Special Sentencing Persons who are in charge of the crime] in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults, etc.) and class 4 (Special Sentencing Persons who are in charge of the assaulting of Drivers): Insignificant injuries; ① Insignificant injuries; ② in the area of special mitigation of punishment (the scope of recommendations and recommendations) and in the area of special mitigation (the scope of recommendations and recommendations)

(b) Scope of the corrected recommended punishment: Imprisonment with prison labor for not less than one year and not more than six months but not more than two years (compliance with the lower limit of the applicable sentences in law);

3. Determination of sentence: Imprisonment with prison labor for two years, probation, three years of probation, observation of protection, 40 hours in lectures of violent therapy, and community service activities for 200 hours shall be deemed to have inflicted an injury on a victim who is driving under the influence of alcohol without any justifiable reason;

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