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(영문) 인천지방법원 2015.09.17 2015고합427
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 11, 2015, at around 21:38, the Defendant was driving in the direction of a mountain tunnel, in order to let the victim C (the aged 52) get on the back seat of D-si, Nam-gu, Incheon Metropolitan City, 900-ro 5, and let the back seat of the D-si and sent the cream, which is an destination, open to the front of the G-si, which is operated by the victim C (the aged 52). On July 11, 2015, the Defendant was driving in the direction of a mountain tunnel, such as "Chewing string" at the bus stop at the entrance of 312-68, the former white-ro, 31:43 on the same day, and was scambling with the victim who was operating the said cab at his hand at a lower level than the lower part of the victim's string, and at least 4-6 times the right direction of the son.

As a result, the Defendant inflicted an injury on the victim, who is the driver of a vehicle in operation, on the right side of the vehicle requiring medical treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of an injury diagnosis certificate and statutes governing damaged photographs;

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

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

3. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

4. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.

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

2. Application of the sentencing criteria [Determination of Sentencing] Crimes of Violence: Reduction of Category IV (Aggravated Injury by Drivers): In a case where minor injury (2 and 4 categories), penalty is not imposed (including serious efforts to recover damage), or considerable damage is recovered (generally imprisoned person): Reduction of the sentence: Aggravation of serious reflectness: Division of the same sentence (less than 10 years after completion of execution) that does not constitute a repeated offense, and the same sentence (less than 10 years after completion of execution) that does not constitute a repeated offense: Imprisonment for 5 months to 2 years (whether suspended execution is suspended). The main reasons for special mitigation are positive - minor injury, and restitution of damage from sources of punishment.

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