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(영문) 부산지방법원 2019.07.24 2019고단1862
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On January 10, 2018, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. at Seoul Southern District Court on January 10, 2018 and completed the execution of the sentence in Seoul Southern Prison on September 27, 2018.

【Criminal Facts】

1. On April 10, 2019, around 03:30 on April 10, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (traffic assault, etc.) and assaulted the victim’s face at one time on the hand floor when he took a taxi operated by the victim D (the age of 65) in front of the Cmatetet located in Busan Dong-gu, Busan, and 03:45 on the same day, while taking a bath for an underground car located in the 400-dong-gu, Busan, Busan, while taking a bath against the victim D (the age of 65).

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

2. The Defendant causing property damage, around 03:46 on the same day as Paragraph 1, destroyed the victim’s property by stopping and leaving a taxi after passing through the euthancian underground lane. The Defendant, depending on the victim, was able to get off the taxi to have a string string string string string string and driving string the string string string string strings, and then damaged the victim’s property so that the repair cost would be equivalent to KRW 719,486.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Photographs;

1. Application of the written estimate statutes;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 366 of the Criminal Act concerning the relevant criminal facts and the selection of punishment;

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

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

1. In light of the fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order was two times a criminal defendant, and the criminal offense of this case has been committed during the period of repeated crime, the nature of the crime is not easy.

However, criminal records of the defendant and the crime of this case are not identical crimes but contingent crimes under the influence of alcohol.

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