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인천지방법원 2018.06.07 2018고단2220
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On February 9, 2018, the Defendant: around 17:00 on February 17, 2018, the Defendant was boarding the back seat of the cab for D business use in the operation of the victim C (Y, 45 years old) in front of the Songdong-dong, Incheon, Dong-dong, Incheon, and would go to the direction of the Bupyeong-gu, Incheon.

In the middle of being going to the 20th east-dong, the driver of a motor vehicle who is driving as a drinking on one occasion on the ground that the part of the back head of the victim who is driving as a drinking is returned to another way from the front of the Safety Center No. 178-ro 678, Incheon, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

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

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes that choose a sentence

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

1. The criminal records and several criminal records of the same kind of sentencing under Article 334(1) of the Criminal Procedure Act, and crimes committed during the same probation period, the criminal defendant is against himself/herself and agreed with the victim, and the extent of the assault was not significant, and other factors such as the motive and circumstance of the crime, the character and conduct of the defendant, the environment, etc. are considered;