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(영문) 대전지방법원 2016.04.28 2016고정295
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

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

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

Reasons

Punishment of the crime

On December 11, 2015, the Defendant: (a) 20:00, around 303, was under the influence of alcohol to C, which was operated by the victim B (the remaining, 62 years old) prior to the 303 North Korea flown, and (b) 112 as the North Korea flowncy of Daejeon Pream-gu, and (c) 112 as the victim B, who was present at the distance of the Line Park Negi, without any justifiable reason, assaulted four times of the victim’s face.

Summary of Evidence

1. Partial statement of the defendant;

1. B Written statements;

1. Application of CD’s film-related statutes;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes that choose a sentence

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant was drunk at the time of committing the instant crime.

section 3.

Considering this as mental or physical loss or mental weakness, each evidence of the judgment reveals that according to each of the following facts, the defendant presented a direction for the victim to look after a taxi driving by the victim, and continued to do so to the victim, and as such, it can be recognized that the victim assaulted the victim. As such, the defendant did not have the ability or decision-making ability to discern things under the influence of alcohol.

shall not be deemed to exist.

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