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(영문) 서울중앙지방법원 2017.08.29 2017고정1710
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On September 29, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver) committed an assault against the victim, who was a driver of a vehicle driving on an expressway, by booming the victim’s face on September 29, 2016, on the ground that the victim B (the remaining and the aged 56 years) was boarding the C taxi in the fungcheon-dong-dong, Youngcheon-gu, Youngcheon-do, Seoul, and driving the vehicle on the expressway at around 56-58, Nam-gu, Seocho-gu, Seocho-gu, Seoul, Seoul, while moving 200 meters prior to the south-gu Seoul metropolitan direction, while driving the vehicle on the expressway.

2. In light of the preceding paragraph, at a point of 200 meters prior to the south side of Seocho-gu Seoul, Seocho-gu, Seoul, 342-ro 56-58, the Defendant: (a) tried to leave a taxi on the side of the 200-lane in order to leave the taxi on the side; (b) the victim dumpeded so that he was frighted so that the victim’s face would be erobbbbb, and ebbbbb, and caused the victim’s injury, such as thale, which requires approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. An executive report, notification to the department related to the report of the 112 case, and the application of statutes of the injury diagnosis report;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver), Article 257 (1) of the Criminal Act, and selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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