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(영문) 수원지방법원 2018.09.07 2018고합246
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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 April 24, 2018, the Defendant was under the influence of alcohol in front of “D main point” located in the front of “D main point,” which was driven by the victim E (53) while driving in front of “D main point,” and moving to the long distance of the head of F-si, the destination of which is the F-si, the destination of which is, the Defendant. On the same day, the Defendant was driving in front of the Republic of Korea University located in 1182 on the same day, on the ground that the Defendant was driving in front of the Republic of Korea University located in 00:34 on the same day on the day, on the ground that the Defendant was driving on the right side of the victim, and was driving on the right side of the road.

The conflict with the PE protective wall was made.

As a result, the Defendant assaulted the victim who is driving a taxi and caused the injury to the victim, such as the 14-day chilled salt, tension, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A written self-written statement of E;

1. Vehicle photographs and on-site photographs;

1. A written diagnosis of injury and written estimate of repair expenses;

1. Notice of the department related to the report of the 112 case, and one copy of a black boxes and video CD;

1. Application of the investigation report (the confirmation of black stuffs installed inside the instant taxi) Act and subordinate statutes

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. 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 [the scope of the recommended punishment] - the scope of the recommended punishment [the scope of the recommended punishment] - the area of special mitigation (five months to two years of imprisonment] (the person who is subject to special mitigation) : imprisonment with prison labor for a year and six months to two years (whether suspended execution is suspended or not ] - In the event that the positive injury, the nature of the crime is minor, the non-prosecution of the punishment - the general reason for general consideration is obvious, the positive social relation is obvious, the contingent crime, and the serious.

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