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(영문) 대전지방법원 천안지원 2020.07.24 2020고단1175

특수협박등

Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

1. Special intimidation is the parents of the victim B (Nam, 24 years old), the victim C (Nam, 24 years old), and D (Nam, 24 years old).

On January 25, 2020, at around 4:29, the Defendant: (a) went out of the course of drinking with the victims during the course of driving his Genta motor vehicle from the victims; (b) went out of the course of driving his Genta motor vehicle; and (c) came out of the course of carrying out a dangerous object stored in the said motor vehicle; and (d) came out of the way to threaten the victims by taking an attitude that they would inflict an injury on themselves when they come up with a dangerous object stored in the said motor vehicle ( approximately 25 cm in length, approximately 15 cm in length); and (e) came back to the victims by entering the said Eththa F, “I have no way to go back to this state at now.”

Accordingly, the defendant carried dangerous articles and threatened victims.

2. Around the time and time specified in paragraph (1) of the Road Traffic Act, the Defendant was driving a Gbeta vehicle while under the influence of alcohol content of about 0.131% at a section of about 200 meters from the 200-meter radius to the “I” road located in H.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of the victims;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Application of the list of seized articles and the Acts and subordinate statutes;

1. Article 284, Article 283 (1) of the Criminal Act, Article 148-2, Article 148-3 (3) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of driving sound);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The degree of intimidation for sentencing under Article 334(1) of the Criminal Procedure Act is serious and the risk of drinking driving is high.

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