특정범죄가중처벌등에관한법률위반(운전자폭행등)
A defendant shall be punished by imprisonment for not less than one year and six months.
Punishment of the crime
On September 12, 2009, around 200:08, the Defendant boarded the E-si driven by the victim D (the age of 30) in front of the mother railway located in Sungnam city and went to the 50,000 won of the fee.
At around 20:50 on the same day on the day, the Defendant heard the horses from the victim that “the distance is too far, and the fee is too far,” and did not impose any charge on the victim, while getting off the said taxi, the Defendant got off the said taxi to the right side and caused the said taxi to shock the above high-priced protection wall.
The Defendant had the victim face with head in the driving vehicle due to the shock, and caused the victim to suffer bodily injury on the two sides, which requires approximately two weeks of medical treatment.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness D;
1. Some statements concerning the accused concerning the suspect examination protocol of the prosecution;
1. A written diagnosis of injury to a victim;
1. Written estimate of damage;
1. Application of Acts and subordinate statutes on site photographs, damaged taxi photographs, road photographs at the scene of accidents, and comprehensive taxi operation details;
1. Article 5-10 (2) (former part) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and the option of punishment;
2. Determination on the Defendant’s assertion as to discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act
1. The defendant asserts that there is no longer a driving stand by getting on and off a taxi. The defendant asserts that he was diving due to a difficulty while getting on and off a taxi, and that there is no feling by getting off the taxi driving by the victim only when the accident was broken down with the wind.
In full view of the above evidence, the following circumstances may be recognized in view of the comprehensive review of the above evidence.
(1) When boarding a taxi operating an ordinary long-distance, the method of calculating charges or fees shall be agreed and operated first before departure, and the additional charges during the operation shall be requested.