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(영문) 서울동부지방법원 2016.10.12 2016고단1300

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 April 13, 2012, the Defendant received a summary order of KRW 1 million from the Seoul Central District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers Violence, etc.).

On March 17, 2016, at around 21:40, the Defendant: (a) had a victim C (50 years of age) who is an acting engineer at the street in front of the folk village located in Sungnam-si, and returned home, and (b) had the victim C (50 years of age) arrive in front of the 95-ro 15-ro, Seoul Special Metropolitan City, a destination of 22:25 on the same day, but was in front of the 95-ro, i.e., the victim’s face who was seated at the driver’s seat on the ground that the victim’s behavior is bad.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act on the Legal Statement of Witness C

1. Relevant Articles of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Crime, the selection of fines (i.e., the confession and the attitude of reflecting it, and the agreement with the victim);

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

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