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(영문) 광주지방법원 2014.05.02 2014고합12
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On 04:20 on 07. 07. 07. 04: 04:20, the Defendant mispercing that the Defendant applied the premium to F taxi under the influence of alcohol to the victim E (the 47-year-old) on the street near the D Airport located in Gwangju Mine-gu, and caused injury to the victim's face under drinking, which requires approximately two weeks of treatment, by making the victim's face under the influence of drinking, and damaged the property worth KRW 18,370 of the repair cost by making the studler attached to the cab under the influence of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 366 of the Criminal Act concerning the crime;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the maximum term of two crimes to the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

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

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

(a) Basic crime: Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Determination of Penalty) (Determination of Punishment) (Death or Injury by Drivers), Class 4 (Bodily Aggravated Punishment, etc. of Specific Crimes) mitigated elements - Insignificant bodily injury - Non-conformity with punishment [Determination of the recommended sphere] Special mitigation sphere (Determination of the recommended sphere] from May to 2 years; and

(b) the application of the standards for handling multiple crimes [the scope of recommendations for all crimes] shall be punished by imprisonment for not less than one year and six months.

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