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(영문) 인천지방법원 2018.12.21 2018고단6608
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. The defendant who violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against the driver) has driven on July 24, 2018 by the victim C (59 years of age) in the Doncheon-si, Doncheon-si on July 21, 2018;

D Around 22:08 on the same day, after boarding a taxi as a customer, the victim abused the victim's upper part of the plaintiff who was driving the said taxi in his/her hand with 107-13 car rate, which is near the 107-13 Sho-gu Incheon Metropolitan City Sho-dong-gu, and caused the assault of the victim's upper part of the plaintiff who was driving the said taxi in his/her hand on three occasions.

2. On July 24, 2018, around 22:08, the Defendant assaulted the victim on two occasions by putting the victim’s standing in his/her seat and her hands down his/her taxi at the driver’s seat, putting him/her under the assault as described in paragraph 1, in the vicinity of 107-13 set-up linked to the Southern-gu Incheon Metropolitan City town.

3. On July 24, 2018, the Defendant took the same attitude as paying the taxi fee to the victim, although he/she did not have the intent or ability to pay the taxi fee. After boarding the said taxi, the Defendant obtained pecuniary benefits equivalent to 11,500 won by deceiving the taxi and then failing to pay the taxi fee to the 107-13 Gyeongdong-gu Incheon Metropolitan City in the vicinity of the 107-13 Gyeongdong-gu Incheon Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on internal investigation:

1. Application of receipts, criminal photographic Acts and subordinate statutes;

1. Relevant Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver), Article 260(1) of the Criminal Act, Article 347(1) of the Criminal Act, and selection of fines, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed in the largest fraud), which is subject to aggravated punishment;

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

1. The Defendant’s crime of sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is committed in relation to taxi charges under the influence of alcohol.

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