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(영문) 수원지방법원 성남지원 2016.12.15 2016고단3052
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

At around 06:00 on August 19, 2016, the Defendant: (a) was under the influence of alcohol in the luminous bridge in Gwangjin-gu Seoul Special Metropolitan City (53 years of age) and was moving to the area of 180 and 4 lines from the Han River in Yongsan-gu Seoul Special Metropolitan City, the destination of which was located; (b) the Defendant was under the influence of alcohol; (c) was under the influence of the Defendant, and was under the influence of the Defendant, and was under the influence of the Defendant’s movement to the area of 180 and 4 lines from the Han River in Yongsan-gu, Yongsan-gu, Seoul, Yongsan-gu, Seoul; and (d) was under the influence of the Defendant, who was under the influence of the Defendant; (d) when the victim was under the influence of the Defendant’s arms of the victim who was under the influence of the driver; (d) was under the influence of the Defendant’s head and the part of the victim’s shoulder by drinking the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts and Article 5-10 (1) of the Act on the Selection of Fines and the Aggravated Punishment, etc. of Specific Crimes for the Selection of Punishment of Fines, Crimes during the period of probation is not good, but they are against the nature of crimes, and the extent of violence is insignificant;

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

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

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