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(영문) 제주지방법원 2013.04.03 2013고단176
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Around 06:50 on November 19, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.), on the street of the Jeju Immigration Office (the age of 50), was on board a D taxi driven by the victim C (the age of 50) and was under the influence of alcohol at the destination without any justifiable reason, and found the victim’s head at once.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

2. In the event that the victim who was assaulted continues to stop the vehicle in accordance with paragraph 1, the victim was able to take the head of the victim in the vehicle, and when the victim’s face and head are several times due to drinking, the victim suffered bodily injury such as salt, tension, etc. for about two weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to the damaged party photographs and report on investigation (report on the submission of a victim's diagnosis report);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 257 (1) of the Criminal Act, and Article 257 (1) of the Act on the Aggravated Punishment, etc.,

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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