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(영문) 대구지방법원 경주지원 2012.11.14 2012고정198

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On March 6, 2012, around 20:40 on the 20:40, the Defendant thought that the Defendant was under the influence of alcohol at a point of 10 km from the 10km parallel line for the Gyeong Highway in the south of the Sin-si, and that the Defendant did not respond to the horse the Defendant was under the influence of alcohol while driving the D taxi on the 51-year-old driver, and assault the victim, who was the driver of the vehicle in operation, by breaking the breath of the victim’s breath.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol law to C

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

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

1. The defendant and his defense counsel asserted as to the assertion of the defendant and defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order. The defendant asserts that the defendant had a state of mental disability due to the detention at the time of the crime

However, according to the records, although the fact that the defendant was under the influence of alcohol at the time of committing the crime of this case is acknowledged, in light of the background, means and methods of the crime of this case, and the defendant's behavior before and after the crime of this case, it is not recognized that the defendant had the weak ability to discern things or make decisions, and therefore, the above assertion is rejected.

The Institute of Jind Co., Ltd.