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(영문) 대구지방법원 2014.03.19 2014고정5
특정범죄가중처벌등에관한법률위반(운전자폭행등)
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Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

At around 00:05 on September 9, 2013, A used the victim who was driven by the victim B(36 years of age) in the vicinity of Jungdong-dong-dong-gu, Daegu-gu, Daegu-gu, and was in the vicinity of the artificial tunnel, among the Korea Automobile Driving Institute located in the Daegu-gu, Seodong-gu, Seodong-gu, Daegu-gu, Daegu-gu, and was in the vicinity of the artificial tunnel, and used the victim as the victim’s head, debt, and neck.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Protocol of the police statement concerning B;

1. Application of violent, field withdrawal reports, and damaged photographic Acts and subordinate statutes;

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

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The Defendant asserts to the effect that he did not associate with the instant crime because he was under the influence of alcohol at the time of the instant crime. The Defendant’s assertion appears to include the Defendant’s assertion to the effect that “The Defendant did not have any responsibility or should be mitigated on the ground that he did not have caused the instant crime under the influence of the heart or heart.”

2. According to the records, even though the Defendant was aware of drinking alcohol at the time of committing the instant crime, the Defendant did not have the ability or decision-making ability to discern things at the time of committing the instant crime, in view of the circumstances leading to the instant crime, the method and circumstances after committing the crime.

Since it seems that the defendant was in a state or weak condition, the above assertion by the defendant is rejected.

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