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(영문) 서울북부지방법원 2016.09.22 2016고단2999

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

The sentence against the accused shall be determined as a fine of KRW 3,00,000 (three million).

When the defendant does not pay a fine.

Reasons

Punishment of the crime

On June 16, 2016, at around 04:30 on the road located in Dongdaemun-gu Seoul Metropolitan Government, the Defendant took a cab in the victim C (62 Do) driving on the taxi located in Dongdaemun-gu, Dongdaemun-gu, Seoul, and was under the influence of alcohol while driving the taxi as a destination, and the Defendant took the face of the victim who was in the taxi driving on the cab with his left hand upon a request from the injured person for self-regulation.

The Defendant assaulted the victim who is operating a motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of the police statement protocol with C;

1. Application of Acts and subordinate statutes on images of each photograph;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes (Selection of a fine in consideration of the fact of wrong misconduct, the victim's non-

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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