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(영문) 대전지방법원 서산지원 2020.05.27 2020고단164
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 11, 2019, at around 02:45, the Defendant: (a) 02:45, on the front side of the Sinsan City B, and was under the influence of alcohol in front of the “F” in the Sinsan City E, Seosan-si; and (b) expressed the victim’s desire to “Crack . Bap . f. f. f. f. f. f. f. f. f. f. . f. f. f. f. f. f. f. f. f. f. f. f.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes on video data of black boxes;

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

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

1. The assault against a driver on the grounds of sentencing in Article 334(1) of the Criminal Procedure Act of the provisional payment order is highly likely to cause a traffic accident and threaten not only drivers but also other people's safety.

However, the defendant's assault was not serious and agreed with the victim.

In addition, the sentencing conditions of defendants, such as their age, character and conduct, environment, circumstances of crimes, and circumstances after crimes, shall be determined as per the disposition.

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