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(영문) 대구지방법원 서부지원 2016.08.11 2016고단1104

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On June 11, 2016, around 13:25, the Defendant: (a) boarded the victim C (63) on the roads near Seogu Daegu-gu B, Daegu-gu (63) as a passenger; and (b) provided a bath to the victim without good cause under the influence of alcohol.

Therefore, when the victim set a taxi at the alley in the vicinity of the taxi boarding place and demands the defendant to get down the taxi, the defendant assaulted the victim, such as flabing the fat of the victim, flabing the victim's face, and flabing the victim's face.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant 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 criminal facts and the selection of a fine (the confession and the attitude against it appears, and the degree of violence is relatively minor

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;