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(영문) 대구지방법원 서부지원 2020.05.14 2019고합255
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 22:00 on November 16, 2019, the Defendant inflicted an injury on the victim, such as a felb, etc. which requires approximately three weeks of medical treatment on the part of the victim when the victim was on board the back seat of the D taxi operated by the victim C (the age of 67) due to the payment of taxi charges. The Defendant was under the influence of alcohol due to the payment of taxi charges, and the victim was under the influence of alcohol, and the head part of the victim was geld by drinking, and the head part was feld by drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes 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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Reduction elements according to the sentencing guidelines: The scope of recommendation [decision of types] according to the sentencing guidelines shall be limited to the range of punishment [the scope of recommendation] reduced area, reduction area of punishment [the scope of recommendation] reduced area, ten months to two years [the scope of corrected recommendation] imprisonment, one year and six months to two years (the minimum limit of punishment in law).

3. Determination of sentence: The act of violence against the driver of a motor vehicle in operation, such as the crime in the instant case for one year and six months of imprisonment, the suspension of the execution of two years, is not limited to an illegal act against the driver's body, but also an act threatening the safety of pedestrians, other motor vehicles, etc., and the danger and criticism are likely to lead to an accident involving large-scale human life damage.

The defendant recognized the crime of this case, and seems to have reached the crime of this case by contingency while drinking, and the defendant did not want the punishment of the defendant by agreement with the victim.

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