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(영문) 부산지방법원 2015.11.25 2015고단2603

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On August 19, 2015, the Defendant driven B Poter Cargo at a section of about two meters from the 105 major apartment road located in Busan Shipping Daegu-dong to the 104 front road of the same apartment complex, while under the influence of alcohol of 0.182% of blood alcohol concentration around 21:00.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to the ledger of use of drinking meters, reports on detection of drinking drivers, and reports on circumstantial statements of drinking drivers;

1. Relevant legal provisions concerning facts constituting an offense and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (including the fact that a person drives a short distance in the course of parking after having completed his/her parking by proxy driving, and the fact that there is no same criminal record after having been sentenced to a fine by drinking driving on one occasion at around 207);

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. On March 15, 2015, around 21:30 on March 15, 2015, the Defendant expressed that, within the city bus No. 133 city bus (D) operation, the victim C (the South and the age of 52) passed near the Southern river located in the Busan Northern-gu, the Defendant provided the victim’s desire to pay the bus fee, and provided two times a part of the victim’s face face in drinking.

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

2. The crime of assaulting a driver under the Act on the Aggravated Punishment, etc. of Specific Crimes on the Aggravated Punishment, etc. of Specific Crimes is an aggravated constituent element of general assault, and barring any special circumstance, the scope of application should be limited to the case where a motor vehicle is actually in operation, and the excessive expansion beyond the meaning of the text cannot be deemed appropriate (see, e.g., Seoul High Court Decision 2013No1275, Jun. 13, 2013). The evidence submitted by the prosecutor alone is insufficient to recognize the facts charged in the instant case,