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(영문) 서울동부지방법원 2013.09.11 2013고정1525
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On March 31, 2013, the Defendant: (a) around the new wall, at the street in the vicinity of the D hotel located in Gangnam-gu Seoul Metropolitan Government, got the victim E (57 years of age) who is an acting driver, and (b) had the Defendant drive the GM5 car owned by the Defendant F.

In addition, the F entered the top of the car at issue, and the defendant went to the seat of the National Cemetery, which is a destination, at the lower seat of the car at issue.

However, at around 03:00 on March 31, 2013, the Defendant, as drinking in front of Gangdong-gu Seoul Metropolitan Government H on the ground that the victim did not drive as instructed by the Defendant, carried in 3 times the right side part of the victim’s blick and boomed in hand the flock of the victim who was driving.

The Defendant assaulted the victim, who is the driver of the vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Fines for Crimes;

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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