beta
(영문) 서울서부지방법원 2017.02.03 2016고단3620

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment with prison labor for not more than six months and by a fine not exceeding five hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Around November 5, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault of a driver) was under the influence of alcohol on the road front of a restaurant in Eunpyeong-gu Seoul Metropolitan Government “D”, and was under the influence of alcohol on the road in front of a restaurant in Eunpyeong-gu, Seoul, and was under the influence of the victim E (58 years old) to the destination, and was under the influence of the destination. On the other hand, the Defendant was under the demand of the victim, who was under the influence of alcohol, and was in the vicinity of the mouth tunnel in Seoul Jongno-gu, Jongno-gu, Seoul, and was under the influence of the victim, and was under the demand of the victim to pay the same fee, and was under the influence of the victim, and the victim was under the influence of the threat.

Accordingly, the Defendant assaulted the driver of an automobile in operation.

2. On November 5, 2016, the Defendant continued to violate the Punishment of Minor Offenses Act: (a) calls for the arrest of the current offender at the office of the police station model in the form of Jongno-gu, Jongno-gu, 46, at the top of 46, at the office of the police station model; (b) the victim of the above paragraph (1) of the same Article, who is under the investigation, commits an indecent act, such as passing the Defendant with the Defendant’s voice “a false voice”, and passing the police officer under the investigation, “the sprinke shall be in the mind of the sprinke”; and (c) passing through a very rough and disorderly speech and behavior at the government office.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. G statements;

1. Investigation report (related to the act of cancellation of the owner of the government office of the person subject to investigation) and investigation report (related to the confirmation of the taxi boom);

1. Application of Acts and subordinate statutes to the photograph of the injured party's wife;

1. Relevant provisions 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 (the driver's assault, the choice of imprisonment with prison labor), Article 3-3 (3) 1 of the Punishment of Minor Offenses Act (the issue of disturbance for revocation in official books, and the selection of fines);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

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

1. Article 62(1) of the Criminal Act (a serious reflectivity and victim E) shall be suspended.