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(영문) 서울동부지방법원 2014.12.24 2014고합359
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 11, 2014, around 05:50 on October 11, 2014, the Defendant: (a) held the victim’s face at one time via drinking, on the ground that, within the E-si driving of the victim D (age 49) driven by the same Gu-dong in Songpa-gu Seoul Metropolitan Government, the victim was asked several times to ask the defendant who is the customer, the customer, at the same time.

As a result, the defendant assaulted the victim who is a driver of a vehicle in operation and caused the injury of a baby in need of medical treatment for about 100 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of two Acts and subordinate statutes to two video images of taxi booms;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of the recommended sentencing guidelines [the scope of the recommended sentencing] according to the sentencing guidelines shall be the mitigated area (10 to 2 years) (the scope of the changed recommended sentencing] (the scope of the changed sentencing) of the mitigated area (10 to 2 years) (the scope of the changed sentencing). The sentencing guidelines from June to 2 years (the lowest limit of the recommended sentencing is lower than the applicable sentencing range, so it shall be corrected by one year and 6 months, which is the lowest limit of the applicable sentencing); and

2. In this case, the sentence of sentence is that the defendant inflicts an injury on the victim who is a taxi driver in operation, and the act of assaulting a driver in operation of a vehicle is highly dangerous that may cause a large traffic accident, and the circumstances and degree of the injury, etc., the nature of the crime is not weak;

However, the defendant seems to have reached the crime of this case by contingency while under the influence of alcohol, the defendant reflects his fault in depth, and 1.1.

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