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(영문) 대전지방법원 천안지원 2013.08.09 2013고정355

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 03:20 on January 21, 2013, the Defendant: (a) boarded a cab operated by the victim D in the vicinity of the Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu; (b) arrived before G middle school located in F in the Dong-gu, Dong-gu, Yan-gu, the destination; (c) and (d) the victim driven the H police station and driven the head of the victim while driving the said cab, and was sleeped by her hand at one time on the floor of her head.

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

Summary of Evidence

1. Legal statement of the witness D;

1. Blue boxes and video CDs;

1. Statement made to D by the police;

1. Investigation report (Analysis of black boxes and images);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Selection of fines concerning the crime;

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

1. Taking into account the fact that the victim of the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order does not want the punishment;