A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

피고인은 2012. 10. 22. 18:45경 서울 성북구 정릉동 내부순환도로 하향 정릉램프 B 옵티마 차량 내에서 대리운전 중인 피해자 C(39세)에게 술에 취해 욕설을 하며 손바닥으로 그의 뺨을 툭 치고 주먹으로 머리 부위를 때려 운행 중인 자동차의 운전자를 폭행하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the police protocol law to C

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

1. Determination as to the defendant's assertion under Articles 70 and 69 (2) of the Criminal Act for the confinement of a workhouse

1. At the time of the instant crime, the Defendant, under the influence of alcohol, was unable or weak to discern things or make decisions.

2. The record reveals that the Defendant was under the influence of alcohol at the time of the instant crime, but on the other hand, in light of various circumstances such as the background, means, and the Defendant’s act before and after the instant crime, it does not appear that the Defendant had the ability to discern things or make decisions under the influence of alcohol at the time of the crime.

Therefore, the defendant's mental disorder is not accepted.