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(영문) 청주지방법원 2015.11.12 2015고합156
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 punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 23:40 on April 6, 2015, the Defendant was seated on the top of the steering force of the Caburted vehicle owned by the Defendant on the Do road No. 591, Seo-gu, Song-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do. While drunkly drinking, the Defendant took a bath to the victim D (the age of 35 and remaining) who was a substitute driver who was driving without any particular reason, and was able to take three times the face of the victim in drinking, the Defendant inflicted an injury on the victim, such as an abrupting stroke, if the victim needs to receive approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes of the medical certificate of injury, drilling letter, photograph of victims, statement of processing 112 reported cases, and the next red inquiry;

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 (Amended by Act No. 13351, Jun. 22, 2015) concerning the crime

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the following reasons for sentencing):

1. As to the assertion of the Defendant and his defense counsel as to Article 62(1) of the Criminal Act (recognating favorable circumstances among the reasons for sentencing under the following) and the suspended sentence, the Defendant and the defense counsel asserts to the effect that the Defendant was in a state of mental and physical disorder because the Defendant stated that he had

However, even though the defendant was under the influence of alcohol at the time of committing the crime, it does not seem that the defendant was in a state of lacking or lacking the ability to discern things or make decisions.

Therefore, the defendant and the defense counsel are not accepted.

Reasons for sentencing

1. Scope of applicable sentences under law: From one year and six months to 15 years;

2. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is the area of special mitigation (five months to two years), minor injuries (2 and four types), the amount of punishment not to be imposed (including efforts made to recover damage), or considerable damage has been restored to the extent of the recommended punishment according to the sentencing guidelines;

3. Determination of sentence;

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