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(영문) 부산지방법원 서부지원 2019.10.16 2018고정973

특정범죄가중처벌등에관한법률위반(운전자폭행등)

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

On June 11, 2018, at around 16:45, the Defendant: (a) committed assault against the victim, who is driving a taxi on the part of the victim D (the 63-year-old taxi) in front of the Seo-gu, Busan, for the purpose of business E in the operation of the taxi located in (the 63-year-old taxi) and was in front of G located in F of the same Gu, and was in front of the said Gu, and, without good cause, was under the influence of alcohol, “under the influence of alcohol, she was unable to move off the ring, she was dead at the time of launching,” while driving a taxi on the part of the victim who was driving on his/her hand, and attempted to get out while on the seat.

Summary of Evidence

1. The witness D’s legal statement (whether or not the content itself conforms to the rationality, logic, morality, or rule of experience, and the credibility of the witness’s statement is recognized in light of the appearance or attitude of the witness, the penance of the statement, etc.);

1. The degree of the formation of convictions to be found guilty in a criminal trial is to the extent that there is no reasonable doubt. However, it is not required to exclude all possible doubts, and rejection of evidence recognized as probative value is not allowed beyond the bounds of the principle of free evaluation of evidence. The reasonable doubt here refers to a reasonable doubt as to the probability of a fact that is not compatible with the facts in accordance with logical and empirical rules, not including all questions and correspondences, but rather to include a reasonable doubt, and it cannot be said that the doubt based on conceptual suspicion or abstract possibility is included in a reasonable doubt (see Supreme Court Decision 2010Do12728, Jan. 27, 2011). The above evidence duly admitted and investigated by this court, including the above evidence, cannot be considered as having been included in a reasonable doubt (see Supreme Court Decision 2010Do12728, Jan. 27, 2011).