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(영문) 울산지방법원 2017.11.10 2017고합277
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 2, 2017, the Defendant: (a) boarded on the back-side edge of the victim C (46 tax) who was driving on the part of the victim C (46 tax) prior to the “Defendant’s apartment building located in the Southern-gu New-dong, Nam-gu, Chungcheongnam-gu, Ulsan-si.”

Defendant 1 was under the influence of alcohol to the north west-gu, Ulsan-gu, U.S., Ulsan-do, where he was boarding and driving the said taxi, and was under the influence of alcohol to the victim “I am under the influence of alcohol.”

I would be adequate.

"................... means, as drinking, the victim's right face is 7 -8 times.

As a result, the Defendant assaulted the victim who is the driver of a vehicle in operation, and inflicted an injury on the victim, such as sugar, which does not have any wound in two open fields requiring medical treatment for 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of a victim's diagnostic report, etc.), investigation report (such as the analysis of taxi booms);

1. Relevant Article 5-10 (2) (former part) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and the Selection of Punishment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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 type of determination] and the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines shall be limited to the minor injury (the person who is in charge of special sentencing] [the determination in the sphere of recommendation] mitigation area [ the scope of the recommended punishment], ten months to two years (the scope of the corrected recommended punishment] sentenced to one year and six months to two years (the lowest limit of the punishment by law applicable).

3. Determination of sentence: One and half years of imprisonment, and two years of suspended execution, the crime in this case was committed by the defendant by assaulting the victim who is a taxi driver, and the driver of the vehicle in operation.

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