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(영문) 울산지방법원 2017.01.20 2016고정1265
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On April 2016, the Defendant embezzled a driver’s license for a motor vehicle owned by the victim D at the first floor underground parking lot located in the Dong-gu Seoul Special Metropolitan City, Daegu Special Metropolitan City (Seoul Special Metropolitan City), while acquiring the driver’s license for a motor vehicle owned by the victim D, and without taking necessary procedures, such as returning it to the victim.

2. Around 01:50 on May 8, 201, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver): (a) under the influence of alcohol on the roads front of the Dong department in the Dong department located in the Dong department in Young-si, Seocheon-si; (b) had the victim E (53 Do) who is an acting driver drive a cub car on the F of the Defendant’s possession; (c) was on board the top of the operation of the said car and going to Ulsan, the destination of the said car; and (d) around 02:05 on the same day, at around 84 km from the point of Busan located in the front line of the Gyeongcheon-do, the Defendant called “a person who will return to Yongcheon-cheon,” and (d) had the victim go through two times again due to the victim’s drinking.

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

3. On May 8, 2016, the Defendant: (a) around 03:40, on the side of the side of the 84 km located in the Do road in the document book of the Sin-si; (b) on the side of the Don-ri-ri-ri-ri-ri-si, Busan, the Don-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement (E, D);

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

1. Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of a driver’s assault) as to the crime, Article 360(1) of the Criminal Act (the occupation of embezzlement of deserted articles in possession), and Article 360 of the Criminal Act.

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