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(영문) 서울동부지방법원 2016.08.10 2016고정650
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On February 18, 2016, the Defendant was sentenced to six months of imprisonment and one year of suspended execution by obstructing the performance of official duties in Seoul Northern District Court, and the judgment became final and conclusive on February 26, 2016.

On January 29, 2016, at around 01:00, the Defendant exceeded the fright of the Victim B (C) in the vicinity of the Seongdong-gu Seoul, Seongdong-gu, Seoul, Seoul, for business use in the operation of the Victim B (55 Do) drive, on the ground that the Victim B (55 Do) was under the influence of alcohol, and boomed the Victim’s back head and the shoulder part on two occasions on the ground that the Victim was under the influence of alcohol, and continued to trace the Victim’s head debt by hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on the result of confirmation of the previous convictions in disposition, case search, and application of the text of judgment;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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