특수협박
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal lies in the following: (a) the Defendant: (b) the victim’s vehicle is light; (c) the victim’s vehicle was cut in extremely close conditions to the victim’s vehicle and returned to the lane again; and (d) the victim stopped on the side; and (c) the victim left the window and took a bath for the victim; and (d) the series of the above actions constitutes “infinite notification” in the crime of intimidation; and (e) the Defendant’s intentional act of intimidation can be acknowledged; and (e) the judgment below
2. Ex officio determination
A. The prosecutor, while maintaining the previous facts charged about special intimidation in the trial as the primary facts charged, applied for the amendment of a bill of indictment with the term "violation of the Road Traffic Act", "Article 151-2, and Article 46-3 of the Road Traffic Act", and applied for the amendment of a bill of indictment with the addition of the facts charged as follows. Since this court permitted it, the judgment of the court below is no longer maintained.
Despite such reasons for ex officio reversal, the prosecutor's assertion of mistake and misapprehension of legal principles is still subject to the judgment of this court, and we will review below.
[Preliminary Additional Facts] Drivers of motor vehicles, etc. shall be prohibited from engaging in any act of threatening or causing danger to traffic by repeatedly or continuously violating road traffic regulations without justifiable grounds.
Nevertheless, the Defendant, while driving a B taxi around 21:30 on December 16, 2017 and driving a G-ro cross-section in Ulsan-gu I from the off-section to the off-section of the camping distance. On the ground that the E-V of driving the victim D(34 years old) or the car interferes with the course of his/her own, he/she is going to walk the border to the victim for about 3 seconds, without operating the direction direction, and moves to the front line of the victim's car.