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(영문) 대구지방법원 2020.04.24 2019고합461
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

On October 27, 2019, at around 02:20, the Defendant: (a) stated that the victim B (the age of 48) who was driving the Defendant’s K7 car on behalf of the Defendant at the 1113-ro, Daegu Jung-gu State Bond Compensation, Daegu-gu, 151-ro, went through the Defendant; (b) expressed the victim’s desire to be “the driver of the Defendant, driving the car on behalf of the Defendant, or driving the car on behalf of the Defendant,” where the accurate destination is located; and (c) expressed the victim’s desire to be “the victim, who is asked at his/her destination, she will be called “the driver, who will be able to drive the car on behalf of the Defendant,” “the victim’s flab, who would not take the part of his/her bath,” and (d) expressed the victim’s walk to be “the victim’s flab,” and continued to be sold from the victim’s hand to the extent of the victim’s hand.

As a result, the Defendant, a driver of a vehicle in operation, committed a elbow blue blue in the right side for about two weeks of treatment.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. 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. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The scope of recommendations according to the sentencing guidelines [the determination of types] used to commit violent crimes [the 4th category] used to commit assault against a driver (a person specially punished], the element of mitigation: The recommended field where minor injuries (the 2 and 4th category), the source of punishment (including serious efforts to recover damage), or considerable damage has been recovered; and

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