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(영문) 부산지방법원 2018.05.18 2018고합124
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by imprisonment for a term of 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

Criminal facts

On February 28, 2018, around 01:00, the Defendant boarded the victim C (65 years old) on the street in front of the Korean bank (the network U.S.) located in Suwon-gu, Busan, U.S., 59, and moved to the Seo-gu, Seo-gu, U.S., a destination.

On February 28, 2018, the Defendant: (a) around 01:25, while driving a 76-day road at the center of Busan Jung-gu, Busan, and (b) on the ground that he was under the influence of sudden alcohol, and (c) on the ground that he was under the influence of his own alcohol, the Defendant: (a) sent three-time doors of the head of taxi; (b) 10 times the victim’s face at the right hand, and (c) inflicted injury upon the victim in need of three-day medical treatment, such as chilling.

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. Application of each investigation report (including on-site conditions, etc. at the time of dispatch and accompanying documents) and statutes to attached documents;

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. 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. 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 a period of one year and six months from one year to fifteen years;

2. The scope of the recommended punishment according to the sentencing criteria [the type of determination] the scope of the recommended punishment [the person who is in charge of special sentencing] class 4 (the person who is in charge of special sentencing] the grounds for punishment not (the scope of the corrected punishment] shall be from one year and six months to two years (the bottom of the mitigated punishment area and the applicable sentences in law).

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and the crime of this case for a year of suspended execution for a period of three years is committed by assaulting a victim while the victim was on board a taxi driving by the victim, causing injury to the victim in need of approximately three weeks of medical treatment. The form of assault and the degree of injury, risks resulting from the act of traffic safety of the public.

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