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(영문) 대전지방법원 2014.02.06 2013고합408
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

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.

Reasons

Punishment of the crime

On September 10, 2013, the Defendant was boarding the back seat of the F taxi driven by the victim E (year 65) in front of the D market located in Daejeon Dong-gu, Daejeon on September 16, 2013, and went to the Haak-gu, Daejeon.

On September 16, 2013, at around 16:16, the Defendant was asked from the victim several times under the influence of alcohol on the road under the Hongdo road located in the Hongdodong-gu Daejeon-gu, Daejeon, and expressed the victim’s desire to “Chewing feass. Doz. Doz. Doz. Doz. h. h.,” and expressed the victim’s desire to “Chewing feass. Doz. h. h. h. h.,” the victim’s shoulder and h.e., the victim’s shoulder and h.h., the victim’s shoulder and h.h., the victim’s face

As a result, the defendant assaulted the victim who is a driver of a vehicle in operation, and suffered about two weeks of medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of a medical certificate for injury);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences: Imprisonment for a period of one year and six months to fifteen years;

2. Application of the sentencing criteria [decision of types] violent crimes, assault crimes, minor injuries (special mitigation factors] of types 4 (Special Bodily Injury to Drivers) and non-compliance with punishment [Scope of recommending punishment] from 1 year and 6 months to 2 years of imprisonment (at least two special mitigation factors exist, and the lower limit shall be mitigated by 1/2, and the lower limit of applicable sentences shall be set at the statutory minimum limit of applicable sentences);

3. Determination of sentence: One year and six months of imprisonment, and two years of suspended execution are crimes of this case where a defendant inflicted an injury on a victim who fels a taxi by assaulting the victim, thereby infringing the victim's body, and in itself, they are crimes of high risk that may cause a traffic accident and cause a serious damage to the life, body, or property of a third party.

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