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(영문) 광주지방법원 2016.09.09 2016고합272
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 sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 02:35 on August 20, 2015, the Defendant, on the national highway No. 22, when he/she was driven by the victim C(48 years of age) on his/her own D motor vehicle on behalf of the victim C (the 48 years of age) on the side of the national highway No. 22, which had been driven by this agency, was under the influence of alcohol, placed the victim’s back water and face surface on several occasions without any justifiable reason, and led the victim, who was walking, to undergo approximately two weeks of treatment.

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Sentencing [The Sentencing [the Sentencing] [the Sentencing] [the Sentencing [the Sentencing] Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Violence, etc.] - The types of assault crimes 4 (Bodily Injury of Drivers)] - The elements of mitigation: In the mitigated area of minor injuries [the scope of the recommended punishment] - October-2 years.

3. The act of inflicting an injury on a driver in the process of making a decision on the sentence of punishment shall not be mitigated in light of the fact that the driver's act of causing an injury in excess of his/her danger and injury resulting from large accidents and substantial risk of causing physical damage to many and unspecified persons

In addition, it is unfavorable that no agreement has been reached with one victim.

However, it is advantageous to the fact that the degree of injury of the victim is relatively not much severe, that the defendant deposited one million won for the recovery of damage to the victim, and that the defendant was an initial offender who has no record of punishment until he reaches the age of 53, etc.

(2).

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