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(영문) 부산지방법원 동부지원 2017.05.11 2017고정327
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

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

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

Reasons

Punishment of the crime

1. On December 9, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. of Drivers) (hereinafter referred to as the “Defendant”), on the ground that the Defendant was under the influence of alcohol and was in a direction other than the Defendant’s residence, on the ground that: (a) the Defendant was under the influence of alcohol and was in a way other than the Defendant’s dwelling in the front seat of the Victim B (36 years) who was an acting engineer in the Yellow-gu Busan Metropolitan City, Nam-gu, Busan Metropolitan City (hereinafter referred to as the “36 years”), a representative engineer; and (b) the Defendant was under the influence of alcohol and was under the influence of alcohol.

“In doing so, the driver of a motor vehicle who is operating the said motor vehicle at hand was assaulted by the victim’s head, head, and neck of the victim who is operating the said motor vehicle at hand.

2. The Defendant: (a) voluntarily accompanied the police officer, who received a report on the same ground as the statement in paragraph (1), to go out to the scene; and (b) voluntarily accompanied the police officer, who was going to the scene to make an investigation into the E zone.

On December 9, 2016, the Defendant, at the E District in Busan, located in the Nam-gu F on December 23:13, 2016, demanded from G in the circumstances surrounding the said District to sign and affix a seal to the voluntary accompanying consent letter, and on the ground that “the voluntary accompanying to the investigation of the instant case” is indicated in the voluntary accompanying consent letter as “the voluntary accompanying to the investigation of the instant case”

“Along with the chemical of the Republic of Korea”

The consent of voluntary accompanying, which is a public document, attached to the pentle, has impaired its utility.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes for internal investigation reports (Attachment to Image CDs);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 141 of the Criminal Act concerning the relevant criminal facts and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes for Which the Election of Specific Crimes is elective (the point of

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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