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(영문) 광주지방법원 2020.05.21 2020고정139
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 18:20 on January 4, 2020, the Defendant took a bath on the ground that the victim was getting in a D taxi operated by the victim C (50 years of age) in front of the Gwangju Mine City and going back to the south, and that the victim was not able to temporarily stop on the front side of the Seo-gu, Seo-gu, Gwangju, and that the victim was not able to take a bath for the defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of criminal CD-related Acts and subordinate statutes;

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

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

1. The act of assaulting a driver of reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is likely to lead to a serious accident, and thus, social criticism as to the crime of this case is highly likely, in light of the fact that the defendant is the first offender, the defendant is in an economically difficult situation, and his mistake is divided, and all of the sentencing conditions specified in the records and arguments of this case, including the defendant's age, character and conduct, circumstances before and after the crime, shall be determined as ordered.

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