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(영문) 서울북부지방법원 2016.04.21 2016고정105
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On January 6, 2016, the Defendant was sentenced to a suspended sentence of two years on August 14, 2016 by the Seoul Northern District Court on the grounds of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (protruding vehicles), and the judgment became final and conclusive on January 14, 2016.

On August 7, 2015, the Defendant, around 22:37, 2015, boarded the members of the Yongsan-gu Seoul Special Metropolitan City, and she was on the back seat of the C-si operated by the victim B (63 ) near the roads, and was in the station of a private household, which is a destination, and was under the influence of alcohol.

이에 피해 자가 반 말투로 조용히 하라고 했다는 이유로 화가 난 피고인은 목적지 부근인 서울 중랑구 면목동 472-62 앞 도로에 이르러 피고 인의 일행으로부터 택시요금을 받기 위해 정차 중인 피해자의 우측 팔을 뒷좌석에서 앉은 채로 발로 1회 찼다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Written statements of D;

1. Report on internal investigation (verification, etc. of black stuffs images);

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes that choose a sentence

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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