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(영문) 서울북부지방법원 2014.08.29 2014고단1474

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On May 8, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (traffic assault, etc.) around 21:32, 2014. On May 8, 2014, the Defendant boarded the victim into E-si operated by the victim D (the age of 65) in Samyangyang-ro 144-ro 33, Dobong-gu Seoul Metropolitan Government, and brought the victim's face one time as drinking without any justifiable reason, and when the victim again stops the vehicle twice.

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

2. On the front side of the third mixed apartment above, the Defendant: (a) notified the Defendant of the facts constituting the crime and the reason for arrest, etc. and arrested him as a flagrant offender; (b) notified the Defendant of the police box belonging to the Seoul Dobong-gu Seoul Metropolitan Police Station F police box, who was called up with the above D’s 112 report; and (c) notified the Defendant of the criminal facts and the reason for arresting him; and (d) notified the Defendant of the face of the above G at one time by drinking, and obstructed the police officer’s legitimate performance of duties concerning the arrest of a flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to D and G;

1. Article 5-10 (1) and Article 136 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against Criminal Crimes as prescribed by the relevant Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Selection of each alternative fine for punishment;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;