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(영문) 울산지방법원 2013.05.24 2013고합67
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 this judgment became final and conclusive.

Reasons

Punishment of the crime

Around 02:00 on February 28, 2013, the Defendant: (a) at D personal taxi operated by the victim C (the South and the North Korean age of 43) who had a different road near Ulsan-gu, Nam-gu; (b) at D personal taxi operated by the victim, the victim arrived at the destination and paid the vehicle fee to the victim; and (c) while the victim was moving the victim into the earth, the victim was her seated on the earth; and (d) the Defendant was blicking the victim’s right shoulder due to the Defendant’s storm seated on the back seat, and was blicked twice by the Defendant’s fault.

As a result, the Defendant brought about the right side of the victim who needs approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to photographs (a photographic image of taxi stuffs) and diagnostic documents;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the range of punishment according to the sentencing guidelines, the category of violence committed against the fourth-class driver [special mitigation] among violent crimes, the minor injury (the scope of the recommended punishment], the minor mitigation area, the area of special mitigation [the scope of the recommended punishment], the period from May to two years [whether or not a suspension of execution is suspended]: Insignificant injury, the reason for general participation in punishment not to be suspended: Where a driver of a motor vehicle is a victim of a motor vehicle being operated before or after a suspension of execution on at least two occasions;

3. Determination of sentence: The act of assaulting a driver for one year and six months of imprisonment or two years of suspended execution shall be deemed to be a traffic accident and thus, human and physical damage resulting therefrom may occur, and the act of assaulting a driver shall be strictly punished and the accused shall be punished.

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