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(영문) 춘천지방법원 강릉지원 2018.08.23 2018고합34
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On January 30, 2018, the Defendant committed assault, such as refusing to pay the taxi fee under the influence of alcohol, making the victim’s face at drinking, which is operated by the victim B(44) on the road on the road near the 117 Saemaeul credit cooperative near the 117 Saemaul.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

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

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

1. The sentencing criteria are not applicable as the grounds for sentencing of Article 334(1) of the Criminal Procedure Act was selected.

The Defendant assaulted the driver of a vehicle in operation without any particular reason.

The Defendant had been punished several times due to violent crimes, etc., and committed the instant crime without being aware of it even during the period of repeated crime due to interference with duties.

However, the injured person expressed his intention that he would not want the punishment of the defendant by agreement with the defendant.

The crime of this case did not cause danger of traffic accidents, etc., and the degree of violence is significant.

It is also difficult to see it.

The defendant's mistake is divided.

In addition, the defendant's age, sex, environment, motive, means, and result of the crime, various sentencing conditions as shown in the arguments in this case, such as the circumstances after the crime, were determined as ordered.

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