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(영문) 서울중앙지방법원 2018.07.06 2018고합278
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 22, 2018, the Defendant was under the influence of alcohol in the vicinity of the steel basin located in the stesan-dong in the name of the new wall, and was moving to the neighboring E residential area located in Gwanak-gu in Seoul Special Metropolitan City.

On February 22, 2018, at around 07:20, the Defendant: (a) told the victim of E 4 in front of the exit-gu Seoul Special Metropolitan City E in Seoul Special Metropolitan City, before leaving the taxi, and (b) told the Defendant to the effect that “charges have been changed” the victim’s face due to drinking, and (c) followed the victim’s face to run approximately 200 meters away from the bus-only lane, and (d) caused the victim’s face to run the taxi in front of the exit-on-road in Seoul Special Metropolitan City, the victim’s side was cut back in the taxi in order to drive about 200 meters away from the bus-only lane, and then the victim was able to start the taxi again, and then the victim was able to take the victim’s face by driving the taxi again, and then the victim was sprinked around the victim for about 2 weeks treatment.

Accordingly, the defendant abused the driver of a vehicle in operation, thereby causing the injury to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Photographs of the victim;

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

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) of the Criminal Act of the community service order;

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

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

(a) Types 4 (Bodily Injury resulting from Violence to Drivers) that constitute violence;

(b) [Special Sentencings] Mitigation elements: Minor injury;

(c)one and half years of imprisonment (the scope of the recommended sentence) to two years (the scope of mitigation).

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