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(영문) 의정부지방법원 고양지원 2013.10.17 2013고단1077
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 4, 1996, the Defendant was issued a summary order of 300,000 won by a fine for a violation of the Punishment of Violences, etc. Act. On December 27, 1996, the Seoul Western District Court issued a summary order of 1,50,000 won for a violation of the Punishment of Violences, etc. Act. On April 10, 200, the Seoul Western District Court issued a summary order of 300,000 won for a violation of the Punishment of Violences, etc. Act. On December 8, 2005, the Defendant was sentenced to a fine of 1,00,000 won for an injury.

1. From June 19, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) (hereinafter referred to as “Aggravated Punishment, etc.”) led the Defendant to take a Frane in the taxi operated by the victim E (year 46) on the front roads located in Goyang-dong, Yongsan-si C.

Around 05:41 on June 19, 2013, the Defendant: (a) was on board the said taxi and proceeded with the G road in front of the Yongsan-gu Busan Metropolitan City G, Seoyang-si, the Defendant, under the influence of alcohol, assaulted the victim’s face face while driving the said taxi at a speed of 47 km per hour by hand.

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

2. On June 19, 2013, at the same place, around 04:48, the Defendant: (a) waived and stopped the operation due to violent damage, such as paragraph (1) of the said E; (b) after getting off the said taxi from the said taxi, the Defendant: (c) destroyed the said taxi to require repair costs by walking the part of the victim’s back part of the said taxi owned by the said taxi on two occasions; and (d) destroyed the said taxi.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A photograph of a taxi destruction and damage;

1. Application of Acts and subordinate statutes to criminal records;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant Act on the Punishment, etc. of Specific Crimes and Article 366 of the Criminal Act;

1. Of concurrent crimes, punishment under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall be imposed.

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