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(영문) 수원지방법원 안양지원 2014.11.20 2014고정635
특정범죄가중처벌등에관한법률위반(운전자폭행등)
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Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Part of the facts charged shall be revised and supplemented without going through amendments to indictment to the extent that it seems that there is no concern about substantial disadvantage to the defendant's defense right.

At around 02:30 on April 20, 2014, the Defendant was on board the victim’s right side side side side while driving a taxi on the ground that the victim E (53 years of age) returned to the road. The Defendant was on one time as drinking at the victim’s right side side side side.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement to E by the police;

1. A letter of arrest of each flagrant offender;

1. A written diagnosis of injury to E;

1. Application of the Acts and subordinate statutes concerning suspect A photographs and suspect E pictures;

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 asserted the argument of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order. The defendant asserted that the defendant did not have any fact of drinking the victim's right side side side side while operating a taxi, and that the defendant strongly resisted the direction different from the destination, and that the victim tried not to stop the taxi and let the defendant out of the taxi, and he tried to attract the defendant out of the taxi.

In light of the objective circumstances and the victim's attitude of legal statement, etc., the credibility exists in light of the victim's statements, and the above evidence, including the victim's statements, can be acknowledged as the facts when the defendant was the victim, as stated in the judgment.

Therefore, the defendant and defense counsel's arguments are not accepted.

Sentencing.

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