(영문) 서울중앙지방법원 2019.01.17 2018노3067

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(영문) 서울중앙지방법원 2019.01.17 2018노3067

특수폭행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the misunderstanding of facts, the victim's car at the time of the misunderstanding of facts, after the victim's car was an illegal internship in front of the defendant's taxi, the car was changed from the two lanes to the one lane on the Gap himself, and the defendant was rapidly affected by the central line by driving a taxi in order to avoid the collision, and again stopped in front of the victim's car.

The defendant opened a door on the side of the driver's seat and set a port against the victim again, driving a taxi in the future. At that time, the passenger car of the victim did not secure the safety distance and added it to the defendant's taxi.

Therefore, in the sense that the defendant warns the victim to secure the safety distance, the defendant was driving the taxi at a speed of about 10 km per hour, and the bark was even taken.

In addition, the victim's car gets off the victim's car and the cab of the defendant, and the defendant intentionally stops as stated in the facts charged in this case, and the victim's vehicle does not cause the victim's vehicle to conflict with the back part of the defendant's taxi.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence imposed by the lower court on the Defendant (three million won of a fine) is too unreasonable.

2. Determination

A. 1) Comprehensively taking account of the following facts and circumstances acknowledged by the lower court and the evidence duly admitted and examined by the trial court, the Defendant, as stated in the instant facts charged, intentionally stopping his taxi in front of the victim’s car and caused the victim who was unable to avoid such stopping by intentionally stopping the vehicle in front of the victim’s car, shall be deemed to conflict with the front part of the Defendant’s taxi in front of the vehicle (hereinafter “instant accident”).

(A) Bables images and CCTV images of Gwanak-gu in Seoul Special Metropolitan City.

유사 판례

-창원지방법원 2015.08.13 2015고단1541

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-서울중앙지방법원 2019.10.22 2019고단4069

-춘천지방법원 영월지원 2013.06.25 2013고단188

-서울중앙지방법원 2019.03.06 2019고단147