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(영문) 서울북부지방법원 2013.10.24 2013고정181
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. At around 20:00 on November 19, 2012, the Defendant was boarding the back seat of the D private taxi operated by the victim C (year 66) in front of the “Ba Hospital” located in the downstream-dong, Seoul Special Metropolitan City, Nowon-gu.

The Defendant stated the Defendant’s destination “Haw-dong” to the “Haw-dong,” while driving the said taxi on the road. However, the Defendant, who was rhythizing on the rear seat, abused the driver of a vehicle driving on two occasions by walking the right shoulder of the victim.

2. The Defendant, at the same time and place as stated in Paragraph 1., destroyed the property owned by the victim so that the victim C left the said taxi by drinking the back penter of the said taxi with the back penter, thereby damaging the repair cost equivalent to KRW 703,688.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and C;

1. Application of the written estimate statutes;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 366 of the Criminal Act, and selection of fines for negligence;

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

1. Articles 70 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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