beta
(영문) 부산지방법원 2017.05.24 2016고정3907

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

Around 01:20 on April 13, 2016, the Defendant was on board the victim D (35 years of age) (the Defendant was under the influence of alcohol to the cab for business use operated by the Defendant, and the Defendant was under the influence of alcohol at the entrance of Gangseo-gu Busan apartment, and the victim was placed at the time of trial due to the problem of the string of the taxi fee paid to the victim by the former Defendant to gate the cab. On the ground that the Defendant was under the influence of alcohol to the cab for business use operated by the Defendant, the Defendant was under the influence of alcohol. On the other hand, the Defendant was under the influence of alcohol, when the victim was under the influence of drinking the cab, and when the victim was under the face of the victim who was under the influence of drinking the cab.

Accordingly, the defendant assaulted the victim who is operating a motor vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the witness D’s statutory statement legislation;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 260 (1) of the Criminal Act, and Article 260 of the same Act, the selection of fines concerning the crime;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the Defendant’s agreement with the victim on the reason of sentencing, and the overall circumstances constituting the conditions for sentencing, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, etc., shall be comprehensively taken into account, to reduce the punishment more mitigated than the summary order, and the sentence shall be determined as ordered.