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Reasons
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(영문) 대전지방법원 2017.09.26 2017고정934
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On April 9, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults against drivers) brought a victim C (60 years old) on the roads front of the Daejeon Seo-gu Daejeon Seo-gu B, Daejeon (60 years old) to the apartment complex 3 of the Sejong Sejong City City, while getting into and going into the apartment complex of the Sejong City, the Defendant intends to open the back cab of the victim, and close the door of the vehicle.

On the ground that he did assaulted the driver of a vehicle in operation in one time in the number of the victim who was driving on a drinking.

2. The Defendant damaged property at the same time and place as Paragraph 1, and the Defendant was seated on the back of the taxi on the side and walked up the back seat on the side, and plucked off the door of the vehicle outside, and damaged the repair cost for the taxi door, etc. to be 826,670 won.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the arrest of the case and an internal investigation;

1. A receipt;

1. Each photograph (a damaged vehicle or form of victim);

1. Application of a written estimate of general repair costs to the Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Selection of a fine for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is disadvantageous, or that the defendant has been sentenced to a fine due to drinking alcohol in 2000 for the reason of sentencing of Article 334(1) of the Aggravated Punishment Act, or that the defendant's mistake is recognized and is against depth, and the victim does not want the punishment of the defendant. The victim's economic situation appears to have not been decided by the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Criminal Procedure Act due to the cleaning division.

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