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(영문) 창원지방법원 2018.11.15 2018고합167
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 July 16, 2018, around 03:25, the Defendant: (a) was on the road in the vicinity of the Si, Seo-dong, Seo-gu, Changwon-si's counter name; (b) while getting in the D cab of the victim C(61) driving, the Defendant called "the victim shall go to the lower her, she shall go to the lower her; and (c) the Defendant met the language and the driving stand of the said cab.

Therefore, when the injured person prevents the defendant from doing his behavior, the defendant took 6 times the face of the injured person's face due to the drinking of the victim and took about about 14 days in the vicinity of the snow in need of treatment.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each internal investigation report (attached a written diagnosis of the victim C injury, attaching field photographs, attaching photographs of parts damaged by each victim, and attaching photographs by cutting off the taxi booms and video images);

1. Application of the laws and regulations governing taxi booms and video CDs by cutting down the taxi booms and video images;

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

2. Scope of the recommended punishment according to the sentencing guidelines: One and half years from June to two years [the scope of the recommended punishment] of imprisonment for a year, and four years (the period from October to two years) in the area of mitigation (the period of special mitigation) (the period of special mitigation) for a minor injury or the range of final sentence revised according to the applicable sentences under the law of non-permanent reduction of punishment: one year and two years to six years.

3. Determination of sentence: One and half years of imprisonment with prison labor, and two years of suspended sentence shall be deemed to have inflicted an injury on the defendant in the course of driving a taxi driver without any particular reason.

However, the Defendant, while recognizing the instant crime, is against the Defendant.

The Defendant appears to have committed the instant crime in a drunken state.

The degree of injury of the victim (as much as 14 days) shall be the medical treatment.

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