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(영문) 수원지방법원 2018.08.23 2018고단1830
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 9, 2018, when the Defendant operated D buses on the front side of the passenger zone C in Suwon-gu, Suwon-si, Suwon-si, the Defendant came to be starting expenses due to the victim F (46 years) who was driving the EM cars and the change of the car car. On February 9, 2018, the above vehicle which was driven by the Defendant’s bus was in the front door of the steering bus, Da was placed in a hand with a hand, and was placed in the front door of the light and was placed one time at the right side of the victim who avoided it.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F (the statement is consistent with the investigative agency from this court to this court, there are no circumstances under which false representation in the statement is not allowed, and credibility is recognized in light of the attitude of the statement, etc.);

1. A damaged part, on-site photograph;

1. The defendant asserts that it cannot be deemed as being in operation because a motor vehicle in operation was stopped by the victim.

However, since the victim temporarily stopped for signal waiting while operating a car on the road at the time of the instant case, the victim constitutes a driver of a vehicle in operation as provided in Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (see Supreme Court Decision 2008Do4375, Dec. 11, 2008). The victim is applicable to the law applicable.

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime

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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