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(영문) 수원지방법원 안산지원 2019.02.14 2018고정802
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who has requested a victim B ( South and 43 years of age) to provide a proxy driving service, and the victim is a proxy driving engineer.

On March 27, 2018, from around 20:05 to around 20:20 on the same day, the Defendant got on a vehicle driven by the victim, and went to the upper area of the Yok-gu, Ansan-gu, Ansan-si, Gyeonggi-si to the upper area of the Yok-gu, Gyeonggi-si. In order for the victim to return to the port of departure, the Defendant was placed at the expense with the victim as an agent fee. In order to make the victim returned to the port of departure, the Defendant left the said vehicle bypassing the said vehicle to the area of the D elementary school located at the intersection of the Y-gu, Ansan-gu, Ansan-gu, Ansan-gu, the Defendant laid down both arms of the victim by hand, and continued to catch the two arms of the victim who was waiting to the signal from the private distance of D elementary school located near the Y

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

Summary of Evidence

1. Legal statement of the witness B;

1. Each prosecutor's office and the police statement as to B, and the defendant and the defense counsel asserted that the defendant extracted the key of the vehicle in operation to prevent the victim from sckless driving, but the defendant did not assault the victim.

In light of the above evidence, the defendant, while driving a vehicle on behalf of the victim, has a vagabonds with the victim on the commission of the vehicle, and it is recognized that the victim has extracted the key of the vehicle in operation to prevent the defect by driving the vehicle from departure. The victim consistently stated in the investigative agency and this court that "the defendant engaged in the act of sprinking, etc. in the process of preventing the operation of his/her vehicle" in the victim's statement to the effect that "the defendant was in the process of preventing the operation of the vehicle." Although there are some inconsistent parts in the victim's statement, the defendant is going to choose the key of the vehicle to prevent the operation of the vehicle by the victim.

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