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(영문) 의정부지방법원 2014.08.07 2014고합182
특정범죄가중처벌등에관한법률위반(운전자폭행등)
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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

Around 00:55 on June 13, 2014, the Defendant: (a) boarded a cab in front of the Government Station in the Dog-dong of the Government-si, the Defendant: (b) sought a stop from the Defendant along with the Defendant’s female-friendly Gu; and (c) sought a request for stopping from the victim while disputing with the female-friendly Gu; (d) the victim called “I cannot leave the road,” and “I must do so, I must do so,” while hearing the horses from the victim, “I am. I am. I am. I am. I am. I am the driver’s seat while I am. I am the victim’s face and eye while I wanting to stop the said taxi; and (d) the victim am a drinking while I am. When I am the head of the victim who is driving the taxi, I am on the next day I am at the victim’s face and am.

As a result, the Defendant assaulted the victim on driving and inflicted an injury on the victim, such as a pelke, in which the number of days of treatment cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim C;

1. Each written statement of D and E;

1. On-site photographs, victim photographs, moving pictures, CDs (Handphone photographs), CDs;

1. Application of the Acts and subordinate statutes to a report on investigation (including attachment, etc. of shot photographs and screen pictures), confirmation of violence during driving, and reporting on failure to submit a medical certificate;

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. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [the decision of a sentence] of violent crime shall be sentenced to imprisonment with prison labor for not less than five months and not more than two years.

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