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(영문) 대구지방법원 포항지원 2018.10.11 2018고합64
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

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

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

Reasons

Punishment of the crime

On May 20, 2018, around 15:00, the Defendant used approximately 4-5 times as drinking the victim’s face side while boarding the bus No. D 200 operated by the victim C (52 years of age) in front of the “Mirs Head Lifelong Learning Center” located in 715 at the south-gu port, Nam-gu, 2018, on the road.

As a result, the Defendant inflicted injury on the victim, who is the driver of a vehicle in operation, such as cerebral ley in need of medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The written statement of the defendant;

1. A report on the occurrence of a crime (including violence), a report on internal investigation (related to photographing the body images of the victim and the attachment of a report on the witness's statement), and a report on internal investigation (related to attachment of a report on bodily injury);

1. Application of the Acts and subordinate statutes of three copies of photographs and two copies of the death diagnosis report;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a year and six months to fifteen years;

2. Application of the sentencing criteria [the scope of the recommended punishment] from one year and six months to two years (the lowest limit of the applicable sentencing standards in law) in the area of mitigation (10 months to two years) (the person subject to special mitigation) (the scope of the changed recommended punishment] of minor injury (the person subject to special mitigation).

3. 선고형의 결정 불리한 정상 : 이 사건 범행은 피고인이 버스 운전기사인 피해 자가 과속방지턱을 넘으면서 다소 덜컹거렸다는 이유로 버스를 운행 중인 피해자를 폭행하여 상해를 가한 것으로서, 이러한 행위는 운전자 개인의 신체에 대한 위법한 침해 행위에 그치는 것이 아니라 승객들이나 다른 차량 등의 안전을 위협하며 자칫 큰 인명피해 사고로 이어질 수도 있다는 점에서 그 위험성과 비난 가능성이 크다.

The defendant was unable to reach an agreement with the victim.

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