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(영문) 울산지방법원 2015.04.08 2015고단208
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A fine of KRW 4,00,000 shall be imposed on a defendant. If the defendant fails to pay the above fine, KRW 100,000 shall be imposed on him.

Reasons

Punishment of the crime

1. On October 20, 2014, the Defendant assaulted the driver of a motor vehicle operating in front of the Central High School in Ulsan-gu, Ulsan-gu, Seoul-do, who is a substitute driver C (the age of 28) of the Defendant, who was seated at the lower seat of the DNAS motor vehicle operated by the Defendant, who is a substitute driver, without any particular reason, and expressed the victim’s breath “Chewing fe” without any particular reason while under the influence of alcohol, and assaulting the driver of a motor vehicle operating in order to make the victim’s breath and the shoulder part of the victim’s felth of the 4th floor of the head at one time.

2. At around 16:30 on October 20, 2014, the Defendant: (a) committed assaulting a police officer’s 112 report that the Defendant did not pay a substitute driving fee; and (b) expressed that he would be urged to return home by paying a substitute driving fee from the slope of the Fast of the Ulsan Heavy Police Station, which was called out by the Defendant after receiving a 112 report that the Defendant would not pay a substitute driving fee; (c) and (d) expressed that he would be urged to return home. In doing so, the Defendant obstructed the police officer’s legitimate performance of duties regarding the mobilization of the report on 112 return.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and G;

1. Application of Acts and subordinate statutes to damaged police officers' photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 5-10 (1) and 136 (1) of the Punishment of Violences, etc. Act (the points of assaulting a driver), and Article 136 (1) of the Criminal Act (the points of obstruction of performance of official duties) - Selection of each fine (i.e., confession and reflect, deposit KRW 1 million for a damaged police officer without wanting to be punished by a defendant under an agreement with the victim of assault, and deposit one million won for the damaged police officer for the same reason

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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