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(영문) 서울남부지방법원 2018.11.22 2018고정941
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by a fine of KRW 700,000.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

Around 09:40 on January 7, 2018, the Defendant was getting down from the bus stop No. 450 operated by the victim C(53 tax) at the bus stop located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul. Around 09:40, the Defendant started without opening the bus entrance, and turned down the bus back to the bus stop floor, and then cut down the bus, and dried up the bus, and dried up the bus. Around the bus stop, the Defendant resisted the victim, who is sitting down in the bus seat, and dried up the flab of the victim, and dried up several times out of the bus.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Application of Acts and subordinate statutes to report internal accidents (verification of CCTV images of buses);

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

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

1. The defendant's assertion as to the claim by the defendant (defense counsel) of Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order is asserted to the effect that since the defendant was unable to operate the bus due to the occurrence of a traffic accident at the time of assault by the victim and the normal completion of measures after the accident, it cannot be viewed as "in the course of driving".

The crime of assault or assault against a driver as prescribed by Article 5-10(1) and (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes is one of the legal interests protected by the law by seriously punishing the driver of a motor vehicle in operation to seriously threaten the safety of the driver, passengers, pedestrians, etc. by using violence, etc. against the driver of the motor vehicle in operation, thereby establishing traffic order and promoting the safety of citizens. Thus, it is the same as assault against the driver in a state of parking or stopping of the motor vehicle without the intention of continuous operation at a place where there is no risk of undermining the safety and order of the public.

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