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(영문) 대구지방법원 2016.11.11 2016고정1728
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 July 20, 2016, the Defendant: (a) on July 20, 2016, 01:30, on the route of the Daegu Seo-gu, Daegu-gu, when boarding a D business taxi driven by the injured party C (the age of 46) and going to the same city, and (b) took a bath on the ground that the injured party would prevent smoking in the taxi from smoking in the south-gu, Nam-gu, Seoul-gu. At the time the injured party passed through the scambling, the Defendant scams down the victim’s hair by hand, and scambling the head of the injured party twice by drinking.

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

Summary of Evidence

1. Part of the defendant's legal statement;

1. C’s legal statement;

1. Photographss, investigative reports (to submit a video file) and the application of accompanying CD-related Acts and subordinate statutes;

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

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

1. The defendant and his defense counsel on the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order asserts that "the defendant and his defense counsel only have a verbal dispute with the victim, and there is no time to write down the victim. While continuing to proceed despite the victim's intention to set up his/her vehicle, the defendant's body fighting in the process of carrying hand in order to boom the threat, and thus, constitutes an emergency evacuation or self

The following facts and circumstances acknowledged by the evidence of the judgment, namely, the defendant was in a state of drinking three soldiers at the time, and was unable to accurately memory the situation at the time when he was investigated by the police, and the victim, consistently from the investigative agency to the court, consistently, “from the investigative agency to the time when the defendant attempted to stop tobacco, the defendant was able to stop his head and her head while taking care of him.”

immediately after the driving of the vehicle, the defendant takes a bath, and the driver's feet part is cut and taken by the driver.

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