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(영문) 수원지방법원 2020.07.23 2020고단2210
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On March 24, 2020, at around 22:30, the Defendant assaulted the victim's head in the above tunnel, such as making him/her drinking at a drinking time, and making him/her felling in arms in the above tunnel, among the cab that was driven by the victim B (the age of 61) on the back seat and passed through the Highway-Seoul Highway.

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

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of Acts and subordinate statutes to report on investigation (verification of black stay images, etc.);

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The degree of assault is not easy, and the circumstances that assault a driver in a tunnel and thus, have a potential to lead to a large-scale accident: A confession and reflect is not previous, and the victim received a letter from the victim, taking into account the following factors: The defendant's age, attitude, environment, background, means and consequence of the crime, circumstances after the crime, etc., and various sentencing conditions shown in the records and arguments, such as the circumstances after the crime, etc., the punishment is determined as ordered.

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