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(영문) 청주지방법원 2019.06.25 2018고단3023

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

At around 13:50 on November 4, 2018, the Defendant left the taxi in front of the “C”, which is driven by the victim D(55 years of age) on the front of the Cheongju-si, Cheongju-si, and was driven by the victim D(55 years of age) as a passenger, at around 14:02 on the same day, and when the said taxi stops for the signal signal, the Defendant stopped for the signal. The Defendant she saw that “I am am albbb and ice back to ice,” and “I am albbbbbb and ice back to ice,” and she saw the victim’s right-hand mack.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Fines for Crimes;

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 include a large number of criminal offenses against the Defendant, and the Defendant committed the instant crime without being aware of the fact that he/she was sentenced to a suspended sentence of 8 months for obstruction of performance of official duties, etc. at the Cheongju District Court on May 25, 2017 without being aware of the fact that he/she committed the instant crime.

However, considering the degree of assault, the agreement with the victim, the health condition, etc., the sentence of imprisonment with prison labor in this case is judged to be too harsh. Therefore, it is decided as per the disposition of fine.