(영문) 수원지방법원 평택지원 2015.04.29 2015고합21

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(영문) 수원지방법원 평택지원 2015.04.29 2015고합21

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 21, 2014, at around 03:21, the Defendant: (a) 03:21, the victim C (year 54) was on the front of D cab driving; (b) at a point 358km in the direction of Busan City on the Gan Highway located in Ansan-si; (c) but (d) the victim was denied on the ground of the risk of the side stop from the victim, and (d) the victim was able to take hand of the said cab; (b) the victim was able to take hand on the side, and (c) immediately after the victim stopped the said cab on the side, the Defendant abused the victim, who is the driver of the cab, who is a driver of the cab, and was in need of treatment for about two weeks.

Summary of Evidence

1. Statement made by the defendant in this court;

1. A written statement prepared in C;

1. A report on investigation by the police (including attachment of taxi booms and video CDs) and images (including attachment CDs);

1. Description of a written diagnosis of injury to C in preparation of doctor E;

1. The defendant and his defense counsel's assertion about each video of the damaged photograph (Evidence No. 11 and 12 of the evidence record) asserted that the defendant was in a state of mental and physical disorder by making a statement that he had been drunk at the time of committing the instant crime. Thus, according to the records, it is acknowledged that the defendant had drinking certain amount of alcohol at the time of committing the instant crime, but on the other hand, the defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of committing the instant crime in light of various circumstances, such as the background, means and method of the instant crime, and the defendant's behavior before and after committing the instant crime.

Since it does not seem that there was or was a weak state, the defendant's above assertion cannot be accepted.

Application of 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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의10 제2항

-형법 제53조

-형법 제55조 제1항 제3호

유사 판례

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-수원지방법원 평택지원 2015.09.02 2015고합69

-제주지방법원 2019.06.21 2018고단3014

-수원지방법원 평택지원 2014.05.07 2014고합23