특정범죄가중처벌등에관한법률위반(운전자폭행등)
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On March 13, 2017, around 03:50, the Defendant demanded a victim B (37 years old) taxi under the influence of alcohol on a nearby road due to the same-sex-gu, Daegu-gu, Daegu-gu, to go to D. However, while the said address was not coming to the end, the Defendant asked the victim to take a bath on the ground that the victim requested the Defendant to get off the taxi, the Defendant was on one occasion at the left part of the victim’s drinking water.
Accordingly, the Defendant assaulted the driver of a vehicle in operation.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Application of Acts and subordinate statutes to investigative reports (to hear statements by a victim's telephone and confirm whether a vehicle is in operation);
1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes that choose a sentence
1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the custody of the workhouses is not only the fact that the Defendant was punished for the same kind of crime, but also the fact that the Defendant was sentenced to imprisonment with labor for aiding and abetting the act of fraud on January 28, 2015, and repeated the instant crime on September 15, 2015, after the execution of the sentence was completed, within the repeated offense period, and was not agreed with the victim.
However, in light of the favorable circumstances, such as the fact that the defendant recognized the crime of this case and reflects the mistake, that there was no record of punishment heavier than a fine for the same crime, that the victim committed a contingent crime that was committed under the speed towards the side in order to establish the vehicle, and that there was no significant risk, and all other sentencing conditions, including the defendant's age, sex, environment, motive or circumstance of the crime, and circumstances after the crime, etc., the punishment as per the order shall be determined.