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(영문) 대구지방법원포항지원 2020.08.12 2020고단615
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On April 27, 2020, the Defendant, at around 23:10, on a taxi operated by the Victim B (manam, 64 years old), was on board the back seat with drinking alcohol to the back seat, and was at destination. On the front of the D Middle School located in the north-gu, Gyeong-gu, North Korean Port, the Defendant committed assault against the victim, who is a driver of a motor vehicle, by putting the victim's mother and her son, her son son son son son son son son son son, her son son son son son son son son son son.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. On-site reports (limited to attachment of photographs), six photographs, investigation reports (Attachment of a video check of a black box), twenty photographs, one CD (bluor image image), investigation reports (additional confirmation of the details of damage);

1. Application of Acts and subordinate statutes to criminal records, reply reports on criminal investigations (related to the same kind of power), decisions, and copies of summary orders;

1. Article 5-10 (1) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The act of assaulting a driver who is driving the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not subject to the punishment of severe accidents, considering the fact that there is a need for severe punishment due to the risk of large accidents, and the fact that the defendant has four times of violence records, etc., the criminal liability of the defendant is minor.

However, it is difficult to view that the defendant led to the confession of the crime of this case and the mistake is divided, that the victim does not want the punishment of the defendant, that the degree of violence is serious enough to interfere with driving, and that there is no record of punishment exceeding the fine, and other conditions of sentencing specified in the arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstance after the crime, etc., shall be determined as ordered in consideration of the punishment conditions specified in the arguments of this case.

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