(영문) 제주지방법원 2020.05.22 2020고정105

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 제주지방법원 2020.05.22 2020고정105

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

Defendant shall be punished by a fine not exceeding one million won.

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

Reasons

Punishment of the crime

At around 00:30 on October 6, 2019, the Defendant boarded the victim, who was a driver of a motor vehicle in operation, in consideration of the victim’s Da (the age of 48) on the road in front of the Jeju-si, and was asked the victim about where the destination of the victim would be located. The Defendant used the victim, who was the driver of a motor vehicle in operation, to flickly flickly flat, without any reason, without any reason.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Entry of the written statements of D;

1. Application of each of the related visual Acts and subordinate statutes;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is 【The scope of the sentencing sentence under the law】 A fine of KRW 50,00,000,000,000, which is a fine of KRW 1 million imposed by the summary order. Thus, the defendant asserts that the fine of KRW 5 million, which was issued by the summary order is too excessive. Thus, even though the defendant assaulted the victim operating a taxi to commit a traffic accident, the defendant's mistake that may lead to a traffic accident, seems to be erroneous, and the defendant's mistake is recognized and divided, the degree of damage suffered by the crime of this case is not excessive, the defendant did not want the punishment against the defendant, and the defendant did not want to have the same criminal record as the victim, and there is no criminal record heavier than the fine, the amount of the fine initially notified by the summary order should be determined again against the defendant.

It is so decided as per Disposition for the above reasons.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의10 제1항

-형법 제69조 제2항

-형법 제70조 제1항

-형사소송법 제334조 제1항

유사 판례

-제주지방법원 2020.06.05 2020고정146

-제주지방법원 2020.06.12 2020고정143

-제주지방법원 2020.01.17 2019고정512

-제주지방법원 2019.10.18 2019고정428

-제주지방법원 2020.03.27 2019고정588