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(영문) 인천지방법원 2015.05.21 2014고합858
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall pay 3,147,250 won to an applicant for compensation.

3.2

Reasons

Punishment of the crime

1. On October 18, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Drivers, Violence, etc.) suffered from the above victim, who is a driver of a motor vehicle, the driver of a motor vehicle, by drinking the face of the said victim on a drinking basis without any justifiable reason when he/she takes about about three weeks of alcohol while he/she was sitting in the front line in the direction of the new market on the road in front of the 486-35, Seoul Southern-gu, Incheon Metropolitan City (the age of 58).

2. While the Defendant was assaulting the victim C, such as the date and time set forth in paragraph (1), at a place set forth in paragraph (1), the said victim avoided the assault and thereby driving the said taxi beyond the driver’s seat out of D private taxi, and thereby thefting the said victim’s vehicle.

3. On the date specified in paragraph (1), the Defendant driven a Da-owned private taxi with approximately 20m alcohol level of 0.170% alcohol level of 0.170% without obtaining a driver’s license in the direction of the new market on the roads 486-35, Nam-gu, Incheon, Nam-gu.

4. The Defendant violated the Road Traffic Act, while under the influence of alcohol 0.170% without obtaining a driver’s license at the time and place specified in paragraph (3) of this Article, received the back portion of the Flater’s complaint work vehicle owned by the victim E, which was parked on the right side of the course due to occupational negligence while driving the said taxi, from the front portion of the said taxi, and damaged the said complaint work vehicle in excess of KRW 1,045,00.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Written estimate and written diagnosis;

1. On-site photographs, etc. (1) and photographs (4) of the vehicle affected by the accident;

1. A report on detection of a host driver and a report on the circumstantial statement of a host driver;

1. Registers of driver's licenses;

1. Data from outputs of the investigation report, dump measuring apparatus;

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