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서울남부지방법원 2016.06.01 2016고단823
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 11, 2016, from around 21:49 to 22:32 the same day, the Defendant was boarding the cab operated by the victim B from the top of the taxi operated by the victim B in the remote area located in Taewon-dong, Yongsan-gu, Seoul, Yongsan-gu, to the 875-1st road, Yeongdeungpo-gu, Seoul, the Defendant:

Narank Doctrile

“In doing so, the victim was assaulted on the part of the fluor who was on driving, such as cutting off the black booms installed in the taxi due to the bluoring of the fluor, and driving 2 to 3 times the fluor’s selling with the left bluor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes concerning investigation reports (related to booms and video images);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes that choose

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Aggravation of the recommended punishment according to the sentencing guidelines: Violence crime in general (type 1) (person in special sentencing): Where the driver of a motor vehicle in operation has abused the driver of the motor vehicle in operation [the territory of recommendation and the scope of the recommended punishment] increased area, April to 1 year [the general sentencing factors] mitigated area: Serious reflective amount.

3. There is no reason for the suspension of execution [main reason for the suspension of execution] (general reason): Where the driver of a motor vehicle in operation is a victim, there is no effort to recover damage, positive: contingent crime, serious reflectivity.

4. The act of assaulting a driver who is driving a motor vehicle that has been sentenced to the sentence of punishment is dangerous that may cause serious damage by causing a traffic accident, and that the nature of the crime is not weak, and that the defendant has been punished several times due to violent crimes, and on April 22, 2010, he/she was sentenced to a fine of KRW 1,50,000 by inflicting an injury on a taxi engineer who is operating a motor vehicle like the instant crime.