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(영문) 대구지방법원 경주지원 2018.06.28 2018고합16
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On January 6, 2018, at around 23:10, the Defendant: (a) boarded the victim C (the other, the age of 61) drive D taxi and 260, the front day of the racing viewing, which is located in the 260-day front day of the front day of the racing, the purpose of which is to take advantage of the victim C (the other, the age of 61) driving; (b) without any particular reason, she seeed the victim’s face by drinking the horses from the victim; and (c) caused the victim by driving the said taxi and moving to the dongcheon Police box to the dongcheon for the purpose of requesting assistance; and (d) caused the victim’s head by drinking, thereby causing injury, such as damage to the character of the head of other parts that require approximately 2 weeks medical treatment.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Investigative Report (Attachment of the Certificate of Injury) - Investigative Report (C), Investigative Report (Attachment of the Certificate of Injury), - Medical Fees (C)

1. Investigation report (vehicle booms and the screen screen by cutting down the surrounding CCTV images) - The application of the Acts and subordinate statutes to photographs, CCTV image images, and CCTV images and CCTV CDs by cutting down the black booms 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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. The scope of the recommended punishment according to the sentencing guidelines [type of determination] and the scope of the recommended punishment [the scope of the punishment [the person causing assault by driver] - No aggravated factors: - No mitigated factors: In the absence of minor injury and punishment: [the scope of the recommended punishment] - 5 months to 2 years (the minimum of the sentencing range recommended by the sentencing guidelines shall be mitigated to 1/2 as it exists in the case of two or more special mitigation areas and special mitigations)] / 1 year and 6 months to 2 years (the minimum of the sentencing range recommended by the sentencing guidelines is lower than the minimum of the applicable sentencing range under the law).

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