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(영문) 서울동부지방법원 2013.08.29 2013고단1539
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around 20:40 on May 13, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc., of Specific Crimes, etc.) taken the back seat of a D-business taxi operated by the victim C (the age of 49) in the vicinity of the subway No. 5 in the Gangseo-gu Seoul Metropolitan City, the destination of which is located, and assaulted the victim by putting the shoulder part of the victim under the influence of alcohol and making it possible to distinguish things or make decisions in a non-qualityless manner due to symptoms of alcohol dependence, and by using the back part of the head as a handlight.

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

2. The Defendant was assaulted by the Defendant by setting up a vehicle driven by the victim in a state with weak capacity to distinguish things or make decisions due to alcohol dependence on time, at the same time and place as set forth in paragraph 1, and by using the victim’s face once on the floor of hand, once by drinking the head, and once by drinking the body of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a report on site mobilization;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 260 (1) of the Criminal Act concerning the relevant criminal facts and Article 5-10 (1) of the same Act concerning the

1. Mitigation of mental disorders and injuries under Articles 10 (2) and 55 (1) 3 of the Criminal Act;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated Punishment, etc. of Specific Crimes (aggravated Punishment, etc. of Specific Crimes (aggravated Punishment, etc. of Crimes against Drivers, Violence, etc. which is heavier than punishment)

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

1. The case is not familiar with the reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the defendant is still under probation.

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