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(영문) 제주지방법원 2020.03.25 2019고정447

특수폭행

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 17, 2019, around 23:23:23, the Defendant continued to drive the said cargo vehicle in the state of alcohol concentration of 0.127 percent prior to the entrance of the B apartment Cdong underground parking lot at Jeju, while running a D-eth-sports cargo vehicle with a blood alcohol concentration of 0.127 percent, and attempted to flee at the site, the Defendant avoided the victim E (29 years of age) from putting up the vehicle in order to prevent the escape of the Defendant, and continued to drive the said cargo vehicle in the state of blocking the core set and blocking the front of the said vehicle, and then pushed the victim behind the volume of about 10 meters.

Accordingly, the defendant assaulted the victim by using a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes for the report of internal accidents (attached to the CCTV video data);

1. Relevant Article 261 of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act, the choice of fines concerning criminal facts;

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

1. The sentence of the provisional payment order is not simply classified as a vehicle with the reason for sentencing under Article 334(1) of the Criminal Procedure Act, and the fact that the defendant was punished by a fine of three million won due to drunk driving at the time of committing the crime and paid it, the defendant's age, character and conduct, family relation, environment, circumstances and result of the crime, and other circumstances shown in the arguments of the case, including the defendant's age, character and conduct, family relation, circumstances after committing the crime, shall be determined as per the order