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(영문) 광주지방법원 2017.10.19 2017고단2560

특수협박등

Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] On April 23, 2014, the Defendant received a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court, and on March 27, 2017, the Defendant received a summary order of KRW 2 million for the same crime at the same court.

[2017 Highest 2560] On April 29, 2017, the Defendant: (a) around 2017:30, at a food store operated by the victim D (Woo, 68 years of age) in the C market on April 29, 2017, the Defendant: (b) threatened the Defendant with the kniver and beer of metal, which is a dangerous object at the same time, on the ground that he/she had been drinking by the victim D (the victim was 68 years of age); (c) made it possible for the victimized person to bring about the Defendant, on the ground that he/she made it a tax base return on his/her job. (d) As such, the Defendant threatened the Defendant with the knife of 24 cm length (13.5 cm) of the deadly weapons that the Defendant continued to possess.

Accordingly, the Defendant carried a deadly weapon or other dangerous articles as above and threatened the victim.

[2017 Highest 2846] The Defendant was under the influence of a motor vehicle driver’s license from April 15, 2017 to July 23, 2017, but around 19:35 on May 6, 2017, the Defendant driven the Epoter epopib mpis in the direction of about five meters, while under the influence of alcohol concentration of about 0.084% in blood alcohol level, from May 6, 2017 to the front road of the Ma building located at about 40 km in the south-gu Seoul Special Metropolitan City, Chungcheongnam-si.

Summary of Evidence

[2017 Highest 2560]

1. Statement by the defendant in court;

1. Statement made by the police with D [2017 senior order 2846];

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger (criminal history);

1. Previous convictions in judgment: References to inquiries, such as criminal history, reports on investigation (report on confirmation of the same criminal records as the suspect), application of summary orders and other Acts and subordinate statutes;

1. Article 284, Article 283(1) of the Criminal Act (Special Intimidation), Article 148-2(1)1, and Article 44(1) of the Road Traffic Act (the point of drinking), Article 152 subparag. 1, and Article 43 of the Road Traffic Act (the point of driving without a license) for criminal facts.