beta
(영문) 창원지방법원 마산지원 2021.01.20 2020고정361

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

Defendant shall be punished by a fine of 1.2 million won.

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

Reasons

Punishment of the crime

On August 9, 2020, the Defendant expressed a bath to the victim E (55 years) who is a substitute driver (55 years old) who operated his own D-W without any reason in the influence of alcohol in front of C in Changwon-si, Masan-si, Masan-si, Masan-si, Masan-si (21:00 on August 21, 2020, and used the victim's right face part of the victim's face one time with a bad hand, and boomed the victim's flaps.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report internal investigation (such as attitude, etc. within the earth after the arrest of the person suspected of being suspected, the scene of arrest of a flagrant offender, and photographs of victims);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime

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

1. The punishment is determined as ordered by taking into account the following factors: (a) the attitude following the arrest of the reason for sentencing under Article 334(1) of the Criminal Procedure Act was inferior; (b) the Defendant’s age, sex, environment, circumstances, circumstances after the commission of the crime; and (c) the sentencing conditions, such as the Defendant’s age, sex, and circumstances after the commission of the crime.