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(영문) 서울서부지방법원 2016.07.08 2016고정184
도로교통법위반(음주운전)등
Text

1. Defendant shall be punished by a fine of 4,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On November 5, 2015, the injured Defendant: (a) when stopping on the front side of the Seodaemun-gu Seoul Western-gu Seoul Western-gu Seoul Metropolitan Government for signal waiting, the injured Defendant resisted the victim D ( South, 64 years old) who was operating a taxi behind the Defendant’s car and did not yield the course of C and C balke; (b) demanded the Defendant to set off the victim’s shoulder by putting the victim’s shoulder in good hand and tightly cutting it over to the bottom for about three weeks; and (c) caused the injury, such as a multi-falking of dals, which is in need of constant treatment.

2. At the time of the day set forth in Paragraph 1, the Defendant: (a) inflicted an injury on the victim; (b) tried to leave a vehicle by driving the vehicle; (c) however, the injured person obstructed and obstructed the Defendant’s vehicle; (d) thereby starting the E-A-D motor vehicle, which is a dangerous object, as it is, and assaulted the victim’s knee part in front of the said vehicle.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

Each fact in the judgment

1. Partial statement of the defendant;

1. Statement made with respect to D prepared by the assistant judicial police officer;

1. A copy of a medical certificate prepared by a doctor;

1. All of the certification can be granted in full view of images of the damaged vehicle, etc.

Defendant

In addition, the defense counsel argues that the defendant was to take knee not only by the victim's knee but also by the victim. However, according to the above argument, it does not interfere with the establishment of a special assault crime in the judgment. In addition, according to the above evidence, according to the video of the Gadi vehicle, it is clearly recognized that the defendant was kneee by starting the above car and received the victim from the above car

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Articles 261 and 260(1) of the Criminal Act (the point of special violence) and the selection of fines for the crime;

2. The former part of Article 37 and Article 38, Paragraph 1, Item 2 of the Criminal Code of Aggravation of Concurrent Crimes

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