logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.05.27 2015고단627
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

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

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

Reasons

Punishment of the crime

1. 특정범죄가중처벌등에관한법률위반(운전자폭행등) 피고인은 2015. 2. 24. 22:15경 서울 마포구 C에서 피해자 D(53세)가 운행하는 E 택시 뒷좌석에 타고 가던 중 술에 취한 상태로 택시 내부에 침을 뱉고, 발로 강변북로를 시속 약 80km 주행하고 있는 운전자인 피해자의 운전석 의자 뒷부분을 수 회 찼다.

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

2. On February 24, 2015, at around 22:40 on February 24, 2015, the Defendant: (a) expressed an desire to arrest a flagrant offender from the victim H (33 years of age) who is an assistant belonging to the G District in the Seoul Mapo Police Station G District to be posted at the patrol vehicle; (b) stated that “I will die the opening; (c) I am the victim’s face at one time; and (d) am the victim’s second hand to the right of the victim.”

As a result, the defendant assaulted the police officer to interfere with the legitimate execution of duties by the police officer on arrest and taking custody of a flagrant offender, and at the same time, the victim was subject to the inspection of the number of days of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and H;

1. Application of the Acts and subordinate statutes on photographs of victims D and H;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment (such as the first offender who has no previous conviction, the fact that the defendant agreed with the victim D, the fact that the victim H deposited one million won for the purpose of the victim, and the fact that the crime was committed under the influence of alcohol, etc.);

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

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;

arrow