logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.04.04 2012고합1774
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by imprisonment for a term of 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 14, 2012, the Defendant: (a) around 16:35 on October 14, 2012, 16:35, the Defendant: (b) rendered a request to set up a bus with the victim E (55 years old) who is a bus engineer within the 10km area of the front line, C Tourist Bus (D) at the 10km area of the front line.

However, the victim said, "I amblurgy, I amblurg, I amblurgy," which caused the injury of the victim, such as a spathal of a baby requiring approximately two weeks of medical treatment, and a cerebral spathy that requires approximately two weeks of medical treatment, considering that the victim's right side side part of the victim who was operating the above tourist bus three times at a speed of 100 km per hour.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (the details of confirmation on face of ctv video recording);

1. Application of Acts and subordinate statutes to a report on investigation (Presentation of 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

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 (Discretionary Reasons for discretionary mitigation)

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of recommendations on the sentencing guidelines [type] used to commit violence. Violence. Injury by drivers - Type 4 [Determination on the recommended sphere]: Special mitigation factors in the mitigated area: Imprisonment with prison labor for not more than 10 months to 2 years; and

2. In light of the fact that the Defendant: (a) committed a crime that may cause direct damage to the victim by assaulting the victim who is driving a tourist bus and causing injury to the victim; (b) furthermore, constitutes a crime that may lead to a larger risk of infringing another driver’s life, body, etc.; (c) thus, the relevant criminal liability should be strictly punished; (d) however, the Defendant appears to have committed the instant crime in contingency under the influence of alcohol; and (e) the Defendant’s mistake.

arrow