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(영문) 광주지방법원 순천지원 2019.09.19 2019고합32
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

1.(a)

A defendant shall be punished by imprisonment for three years.

(b) except that the above sentence shall be executed for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

(2019Gohap32) around 17:50 on February 17, 2019, the Defendant boarded the bus platform in front of the Cdong-gun, Chungcheongnam-gun, with the victim D (the age of 43) driving to get passengers getting on and off the bus, and was under the influence of alcohol to hear the victim’s talk that he would come up with the back seat behind the victim, and the victim would have come up with the front seat. I am h. h. h. h. h. h. h. h. h. h. h. h. h.). On the left hand, the Defendant got off the victim’s left face part when eight times the driver of the vehicle was in operation, which requires approximately two weeks’s treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. On-site photographs;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of a medical certificate for injury);

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: Three to thirty years of imprisonment;

2. Three years (the scope of the recommended punishment according to the sentencing guidelines) of imprisonment for three years (the minimum limit of the sentencing range recommended by the sentencing guidelines is in conflict with the statutory minimum limit of the applicable sentencing guidelines, as it is a case where the lower limit of the sentencing range recommended by the sentencing guidelines differs from the statutory minimum limit of the applicable sentencing range). Violence crime : [Type 4] there is no person who inflicts a driver's bodily injury [the scope of the recommended punishment and the scope of the recommended punishment] basic area, one year and six months through three years (the scope of the recommended punishment corrected by the applicable sentencing guidelines].

3. Circumstances disadvantageous to the decision of sentence: The defendant, under the influence of alcohol, assaulted the victim, who is a bus driver, and the assault against the driver may cause a traffic accident and cause serious damage to the life and body of a third party, and thus, the criminal liability is not weak;

The defendant is dissatisfied with an agreement with the victim or is willing to receive a letter from the victim.

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