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(영문) 서울남부지방법원 2016.06.16 2016고단1389
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 12, 2016, around 00:20 on March 12, 2016, the Defendant set up or set up the Hands of the taxi in the Yangcheon-gu Seoul Metropolitan Government on the ground that he was under the influence of alcohol in the Victim B (60 Do) who was passing through a wooden dong, opening a taxi contact room in the C-si operated by the Defendant on the ground that he was prevented by the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of the police statement protocol and the written diagnosis of injury to B;

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. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment: There is no previous conviction in addition to the punishment of a fine for driving under drinking in 2000 on one occasion;

(k) Unfavorable circumstances: The occurrence of a traffic accident, such as assaulting a taxi engineer in operation and putting him/her over a driver, etc.;

. Not agreed with the victim.

In addition, the sentencing conditions, such as the circumstances leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the crime, shall be determined as per Disposition.

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