특정범죄가중처벌등에관한법률위반(운전자폭행등)등
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On August 26, 2019, the Defendant was on board at the vicinity of the 18 Station Station of Seongdong-gu Seoul, Seongdong-gu, Seoul on August 26, 2019, and the victim B (the 60-year-old age) driven by the victim B (the 60-year-old age). On the part of the victim operating a vehicle, the Defendant: “I ice ice ice ice ice ice ice Dried, son son son son son son,” “I am the left hand, son son son son son, son son son son son son,” and the Defendant inflicted an injury, such as cerebrum, which requires treatment for about 21 days when taking the face by drinking, and damaged the victim’s market price owned by the victim by drinking.
Accordingly, the defendant assaulted the driver of a vehicle in operation, thereby causing an injury, and at the same time destroying the property.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness B;
1. Determination as to the assertion of a criminal investigation report (Attachment of a medical certificate), injury diagnosis report, safe identification receipt, investigation report, CD defendant and defense counsel
1. The summary of the assertion is that the Defendant assaulted the victim after the victim stopped the taxi, and thus cannot be deemed to have caused the injury to the driver of the "motor vehicle during operation", and there was no predictability for the Defendant to have caused the injury to the victim.
2. According to the evidence duly admitted and examined by the court, the following facts can be acknowledged.
On August 26, 2019, the victim stopped the taxi on the road side of the exit of 4 o'clocks located on August 26, 2019 in order to let the defendant get off.
However, the defendant did not know the way to the police and refused to pay and lower the taxi fee because the victim did not know it, and the victim reported it to the police.
B. The victim turned on the starting, emergency lights, and metres of the taxi and tried to move out to the police.
Although the defendant demanded the victim to turn off the starting and meter of the taxi, the victim shall be called "as soon as possible."