(영문) 서울중앙지방법원 2018.06.07 2018고단655

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(영문) 서울중앙지방법원 2018.06.07 2018고단655

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for six months.

Costs of lawsuit shall be borne by the defendant.

Reasons

Punishment of the crime

On November 1, 2017, at around 00:50, the Defendant assaulted the driver of a vehicle in operation, such as when the injured party demanded KRW 20,00 to be represented by a substitute driver C(61) who was seated in the top of the DomW 740 passenger car operated by the victim C(61) in the vicinity of the Domnadong in Seocho-gu Seoul Metropolitan Government on November 1, 2017.

Summary of Evidence

1. Part of the defendant's legal statement (the statement to the effect that there was a dispute over the substitute driving fee with the victim who was operating the vehicle specified in the facts constituting the crime);

1. Details of witness C’s testimony;

1. Application of the Acts and subordinate statutes to each photograph (3 through 5, 10) at a time, as a result of the reproduction of CCTV images;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with prison labor for the crime;

1. The grounds for sentencing in the main sentence of Article 186(1) of the Criminal Procedure Act on the burden of litigation costs are as follows: (a) the scope of the recommended punishment [the scope of the recommended punishment] [the scope of the recommended punishment] / [4 months-1 years] of the aggravated area (4 months-1 years)] [in the case of assaulting the driver of a vehicle in the form of a special aggravated punishment] / (a) the testimony of the victim of the sentencing decision and the result of the reproduction of CCTV video recording images are found guilty of all the facts constituting the crime; (b) the defendant continues to be guilty of all the facts constituting the crime according to the testimony of the victim of the sentencing decision and the result of the reproduction of CCTV video recording.

In addition, it was difficult to believe that the content of the testimony after the victim took an oath as a witness is different from the content known to him/her, and it did not recognize his/her mistake.

While returning home with the help of the victim who is a substitute driver after drinking, he/she would change his/her destination that was the initial stage of interest in the Sin-si to a place different from that of the victim himself/herself, and he/she would pay a substitute driver fee.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의10 제1항

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