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(영문) 대전지방법원 2021.02.04 2020고정633
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 5, 2018, the Defendant: (a) on March 5, 2018, around 20:40, at the front bus stops located in Daejeon U.S. B, when the victim D (55) was aboard the bus bus stops operated in this way, and paid the bus fee less than the bus fee, on the ground that the victim resisted against the passenger, and when the part of the face of the victim being driven in the vicinity of G in Daejeon-gu, Daejeon, was drinking once a week.

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

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Application of Acts and subordinate statutes to report an investigation (including the details, etc. of arrest of a flagrant offender) and report an investigation ( listening to statements by a victim telephone);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of a Bus

In particular, the crime of assault against the driver of a vehicle in operation is not limited to the illegal act of infringing on the driver's life and body, but may threaten the safety of other drivers, pedestrians, etc., and thus, it is necessary to strictly punish the driver in consideration of the risk and possibility of criticism of the act.

Nevertheless, the Defendant has not restored the victim's damage or received a letter from the victim.

However, the defendant recognized the crime of this case at the time of police investigation.

Since 1990, the defendant seems to have been well grounded and satisfed.

In full view of such circumstances and circumstances as the Defendant’s age, sex, environment, motive and background of the instant crime, means and consequence, and circumstances after the instant crime, it is ordered as ordered.

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