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(영문) 서울중앙지방법원 2013.04.03 2012고정3061

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

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

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. Around March 25, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (driving Violence, etc.) committed assault against the victim, who is a driver of a vehicle driving on the 704-76 front road of Gwanak-gu, Seoul Special Metropolitan City (50 years old) on the ground that he/she was broken within the D taxi operated on the 704-76 front of the 704-76-dong, Seoul Special Metropolitan City.

2. The Defendant, on the ground that the victim, who was assaulted as above, was able to set up a vehicle on the road, committed the assault against the victim by drinking the victim’s face, hair, etc. on the ground of the foregoing reasons.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Legal statement of witness E;

1. Statement corresponding thereto in the protocol of examination of witness in relation to C of this Court;

1. Photographs of victims and taxi receipt;

1. Application of A face and Handic Acts and subordinate statutes;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 260 (1) of the Criminal Act concerning criminal facts: Selection of each fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.