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(영문) 인천지방법원 부천지원 2015.05.19 2015고정393
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person of the People's Republic of China who is unsatisfying.

1. On February 11, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents, Violence, etc.) said that the Defendant, while under the influence of alcohol around 15:20 on February 15, 2015, was on the street of 463-5, Non-Yancheon-si, Nowon-gu, Seoul Special Metropolitan City, the Defendant called “assigning the seat next to the driver of E-tax that is operated by the victim D (year 64) and going to go to 9 exit.”

Therefore, the victim said that "the victim is frighten of the river basin", and was driven in the direction of the river basin.

The Defendant, without any reason, assaulted the victim at the right side of the victim in driving on two occasions, and assaulted the victim who escaped from the taxi on several occasions to avoid assault.

2. After the Defendant was arrested as a flagrant offender for the foregoing reason, the Defendant was arrested in a flagrant offender, and the Defendant was admitted to a detention room in the House in the House of the Police Station in the House of the Deputy,000 won Police Station.

On February 11, 2015, the Defendant, under the influence of alcohol around 18:05, had the ability to discern things or make decisions, and had weak capacity to discern things, the Defendant stated that “knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. A written statement;

1. Application of each statute on photographs;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 141 (1) of the Criminal Act and Article 141 (1) of the Criminal Act concerning criminal facts, the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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