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(영문) 서울북부지방법원 2019.03.15 2018고합463
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 20:40 on October 9, 2018, the Defendant expressed the victim’s desire to be “drawed in this way” to be “drawed in this way,” while driving the D taxi driven by the victim C(55 years of age) on the inside cycle in Seongbuk-gu Seoul, and inflicted injury on the victim’s face by drinkingly taking two weeks of the victim’s face into consideration.

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

Summary of Evidence

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

1. Statement of the police statement regarding C;

1. A medical certificate;

1. A victim injured party photograph and a taxi receipt, a black fluore photograph, a black fluor video CD;

1. Application of Acts and subordinate statutes to a report on investigation (verification of the contents of black boxes);

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. The scope of recommendation [decision of types] on the sentencing criteria set forth in the range of recommendation [the scope of recommendation [the scope of recommendation range] set forth in Types 4 (Bodily Injury by Drivers) (the person subject to special mitigation], the minor mitigation range of punishment [the scope of recommendation range], the special mitigation range of punishment, five months to two years [the scope of corrected recommendation range] imprisonment, one year and six months to two years (the lowest limit of recommendation range set by law set forth in the applicable sentencing range is lower than the lowest limit of the applicable sentencing range, thus the lowest limit of the applicable sentencing range set forth in the law set

3. The crime of this case by which the defendant committed the crime of this case is committed by assaulting a taxi article in operation, and the assault against the driver of a vehicle in operation may cause damage to many and unspecified persons by causing a traffic accident.

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