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(영문) 인천지방법원 2020.05.14 2019고단8368

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On August 25, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents, Violence, etc.) was getting on the top of a passenger car in C Stiet area driven by the victim B (the age of 25) who is a substitute driver at around 18:30 on August 25, 2018. On the ground that the victim was not in operation in front of the Yeonsu-gu Incheon Metropolitan City D, and the victim was able to take the face of the victim who was driving in front of his/her instructions, and continued to take one time on the face of the victim.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

2. On August 25, 2018, at around 18:40, the Defendant: (a) 18:40 of the Yeonsu-gu Incheon, Yeonsu-gu, Incheon; (b) the said victim stopped and lowered his/her car; (c) 2:3 times from the face of the victim by following the victim; (d) the victim walked his/her vehicle once to the victim as he/she resisted it; and (e) 3:4 times from the victim’s face by driving the victim’s head debt to the victim’s hand; and (e) spit the victim by taking the victim’s head debt to the victim.

As a result, the defendant got a string of the double wall that requires about 10 days of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Damage photographs (Evidence Nos. 4);

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

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 257 (1) of the Criminal Act and the selection of fines for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, including the background and content of the instant crime, the degree of injury of the victim, and all of the sentencing conditions indicated in the records of the instant case, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.