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 three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On September 8, 2015, the Defendant, while driving a D1 ton freight vehicle in front of the fisheries market located in Daegu Northern-gu, Daegu-gu, Daegu-gu, around 10:55, was demanded to stop because it was controlled by the victim F while driving the D1 ton freight vehicle in front of the fisheries market.
In order to issue a penalty notice, the Defendant: (a) had a defect of about 10 meters from the victim’s vehicle driving without the driver’s license when the victim moved slowly to a safe place in order to drive the vehicle; (b) had attempted to drive the vehicle without the driver’s license; (c) had a high speed; and (d) had a high speed of the victim’s own seat; (d) had a part of the cargo vehicle, which is the dangerous object, such as the left-hand side of the victim, and had the victim escape, resulting in the victim’s injury, such as catal salt, which requires approximately two weeks of medical treatment.
As a result, the defendant driving a dangerous cargo vehicle, thereby hindering police officers from performing their legitimate duties concerning traffic management, etc., and causing the injury to the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Investigation report (including attachment of a medical certificate and accompanying documents), investigation report (including recording of a victim's telephone);
1. Application of Acts and subordinate statutes to identification cards, photographs and damaged parts of photograph;
1. Article 144 (2) (main sentence), Article 144 (1), and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;
1. Article 53 and Article 55 (1) 3 of the Act (The following extenuating circumstances shall be considered among the grounds for sentencing):
1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):
1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;
2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the mitigated area (one year and six months to three years from imprisonment) of Type 1 (Bodily Injury caused by Interference with Special Official Duties) (the term "person subject to special sentencing] (the term "person subject to special sentencing" includes efforts to recover damage).