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(영문) 대구지방법원 서부지원 2016.12.22 2016고합191
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

At around 00:50 on October 8, 2016, the Defendant, while getting a taxi operated by the victim D (year 54) on the front road of the 'Sagu Seo-gu, Daegu-gu' on the road, brought an injury to the victim, on the ground that the victim’s eye "at least 54 years of age, she shall be taken by the victim by taking a bath, "at least her dog, she shall do so," and the victim's eye part of the victim's eye was flicked once by a black flick type, which requires approximately two weeks of treatment to the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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 against the relevant criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”), among favorable circumstances

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter “the reason for the suspended sentence”), which is favorable for the following reasons;

1. Imprisonment with prison labor for not less than one year and not more than six months but not more than fifteen years;

2. The scope of recommendation [decision of type] used in violence crime - Type 4 (Bodily Injury to Drivers) - Application for punishment not to impose minor mitigation elements (decision of the recommending area] special mitigation area / [Scope of recommendation area] imprisonment with prison labor for not less than one year and six months, but not more than two years (a period of 10 months, which is the lowest limit of sentencing range of recommendation range, is shorter than one year and six months, and thus, according to the law applicable sentences).

3. Determination of sentence: The crimes of this case committed by the defendant for one year and six months of imprisonment and two years of suspended execution are serious threats to road traffic and the safety of citizens; the crimes of this case are likely to cause serious harm to the lives and property of the people who are in serious accidents; and the facts that the defendant has been punished several times as violent crimes in the past are disadvantageous to the defendant.

However, the defendant is not guilty.

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