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(영문) 부산지방법원 2013.07.08 2013고정178
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

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 September 5, 2012, at around 00:18, the Defendant assaulted the Victim F, who is driving a vehicle with the victim F (ma, 43 years old) who is a driver of the above bus, on the ground that the above bus driver was involved in the charge, because the victim F (ma, South and 43 years old) was influencedly against the Defendant and his wife, on one occasion at the right side of the victim, and the face with the hand-on one time.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The application of statutes to the results of the reproduction and viewing of CD screen files;

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

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

1. The Defendant asserts that, under the influence of alcohol at the time of committing the instant crime, the Defendant had no or weak ability to discern things or make decisions under Article 334(1) of the Criminal Procedure Act.

However, it is difficult to view that the Defendant was in a certain state of drinking alcohol at the time of committing the instant crime, but it is difficult to view that the Defendant had no or weak ability to discern things or make decisions.

Therefore, the defendant's above assertion is without merit.

In the event of assaulting a bus driver who is on the grounds of sentencing, there is a very high risk of causing a traffic accident, taking into account the fact that it is necessary to eradicate such crime, the restoration of damage is not done at all, the criminal records of the defendant, and the fact that the defendant does not have any particular reflectority, etc., the punishment shall be determined like the order.

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