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(영문) 서울중앙지방법원 2015.03.31 2014고단7922
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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Defendant shall be punished by a fine of three million won.

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

Reasons

Criminal facts

On September 24, 2014, the Defendant, on September 20, 2014, boarded-si 685, was on the top of the steering group of the C-si operated by the victim B (the 45-year-old) and was taking a bath for alcohol while drinking the victim’s right title and shoulder while driving the said taxi.

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

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to photographs of the upper part of the body;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant is able to have committed the instant crime under the influence of alcohol, and that the defendant agreed with the victim smoothly, etc. are favorable to the defendant.

On the other hand, in light of the content and method of the crime of this case, the nature of the crime is not less and less, and the defendant has been punished for violent crimes even before.

In addition, in full view of the motive, means, and result of the instant crime, various conditions of sentencing as shown in the records and arguments, such as the circumstances after the instant crime, the defendant's age, character and conduct, intelligence, environment, etc., the sentence like the order was determined.

Public Prosecution Rejection Parts

1. On September 24, 2014, around 20:49, the Defendant: (a) around 20:49, 2014, the victim B (the age of 45) who driven a C cab cab gets off the said cab and opened a steering door, and demanded the Defendant to leave the cab; (b) on the ground that the cab became inflammable, the Defendant was able to kill the victim’s breath, and flad the victim’s left part.

Accordingly, the Defendant assaulted the victim as above.

2. Determination and conclusion of the Defendant.

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