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(영문) 대구지방법원 포항지원 2019.10.24 2019고합56
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 May 19, 2019, the Defendant boarded the victim D (year 48) from the street in front of C in the north-gu B at the port on May 19, 2019 to the E-si in which the victim D (age 48) is driven.

At around 21:30 on the same day, the Defendant stopped in front of the F apartment on the north-gu, Northern-gu, Mapo-si, and changed the taxi fee rapidly after the victim stopped in order to let the Defendant get out of the taxi, and caused the victim's face several times with the right drinking.

Therefore, the victim was driving the above taxi and moved to a school mountain box, and the defendant continued to see the right hand floor of the victim at the right hand and the face was taken several times.

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the internal investigation report (as to the video recording and damaged photographs of the violence scene), damaged photographs, black stuffs video CDs, and black booms image screen pictures

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

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

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act with regard to an order of provisional payment;

1. Scope of applicable sentences under law: Fines of 50,000 to twenty million won; and

2. Since the sentencing criteria have been selected as a fine, the sentencing criteria shall not be applied.

3. Circumstances disadvantageous to the determination of sentence: The instant crime committed by the Defendant, on the grounds that the Defendant promptly changed the fee in the taxi that the victim drives, is an assault against the victim who is a taxi driver, and the nature of the instant crime is poor in light of the background of the crime, the form of the act, etc.

As in this case, the act of assaulting a driver in operation of a vehicle is not only an infringement on the driver's body, but also may lead to a large traffic accident.

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