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(영문) 전주지방법원 2013.11.01 2013고합155
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 July 2, 2013, the Defendant, while under the influence of alcohol on July 2, 2013, while driving the D car owned by the Defendant, who is an acting driver of the Victim C (Nam, 56 years of age), was driving on the back of the D car owned by the Defendant, and was driving on the D car located in the back seat of the C car, Samwon-gun, Suwon-gun, Samwon-gun, Sejong-gun, the Defendant took a sudden bath, and took several times of head of the victim on several occasions due to drinking and new weather, thereby causing the injury to the two-times of the two-times of the two-times of the victim, which requires medical treatment by assaulting the victim, who is a driver of the vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Each investigation report [16 pages of investigation records and 36 pages of investigation records (related to receipt of the report on injury, etc. at the time of investigation records)];

1. Voluntary report;

1. On-site photographs;

1. Application of a medical certificate of injury, a written confirmation of hospitalization, and statutes;

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. 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. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;

1. Imprisonment with prison labor for a period of one year and six months to fifteen years;

2. The sentencing criteria [decision of types] the group of violent crimes, assault crimes, driver's bodily injury (a person who is a special person) mitigation element: Minor injury, non-conformity of punishment (decision of the recommended area] the special mitigation area (decision of the recommended area] shall be sentenced to five months to two years; and

3. Determination of sentence: Imprisonment with prison labor for a year and six months, a stay of execution for two years, and a community service for 80 hours, the crime of this case was committed by the Defendant by assaulting the victim who is an acting driver who operated his own vehicle and resulting in injury that requires approximately two weeks of medical treatment. Such a crime is strictly punished in that it is likely to cause damage to human life and property due to traffic accidents.

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