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(영문) 인천지방법원 부천지원 2020.01.22 2019고정779
특정범죄가중처벌등에관한법률위반(운전자폭행등)
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On April 28, 2019, at around 20:25, the Defendant: (a) was boarding on the back seat of the E Bank located in Seocheon-si D while moving to the valley, which was operated by the victim B (the age of 46) near the Jungcheon-si, Jungcheon-si; and (b) when asking the victim that the Defendant would not return to the remote seat of the victim, the Defendant would have caused a dispute with the victim to the end of his / her speech and hump; (c) on his/her hand, he/she was able to see the victim’s face while he/she was driving the taxi and she was able to take ear.

Accordingly, the Defendant assaulted the above victim, who is the driver of a vehicle in operation.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Application of the Acts and subordinate statutes governing blackbox video CDs;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Fines for Crimes;

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;

1. According to the evidence duly admitted and examined by the court, the reason for sentencing of Article 186(1) of the Criminal Procedure Act, which has the burden of litigation costs, is that the defendant denies and does not sufficiently recognize the fact of assaulting the victim as stated in its reasoning, and considering the following: the degree of assault and the intent to punish the victim; the defendant's age, character and conduct, environment, criminal records; motive, means and consequence of the crime of this case; and the circumstances revealed in the arguments, such as the circumstances after the crime, etc., the amount of fine (2,00,000 won) according to the summary order is deemed appropriate; thus, the sentence shall be determined as above.

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