beta
(영문) 대구지방법원 의성지원 2019.07.04 2018고단233

특수협박

Text

Defendant

A shall be punished by a fine of KRW 1,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

On November 12:35, 2018, the Defendant was driving a motor vehicle with the Cents in the Permanent Expressway located in the Gyeongcheon-gun of North Korea, and was driving a motor vehicle for the first time. A 12.5 tons of the victim B (year 41) driving the two-lanes in order to pass the motor vehicle ahead, the Defendant threatened the victim by driving the motor vehicle two-lanes in front of the motor vehicle with the D 12.5 tons of the victim B (year 41) driving the two-lanes in order to pass the motor vehicle ahead.

Accordingly, the defendant threatened the victim using a passenger car, which is a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to black stuff images, black stuff photographs, images, and outputs;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) (general provisions) of the Criminal Act and the selection of fines for the crime;

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

1. The sentencing factors indicated in the arguments of this case, such as the defendant's age, environment, character and conduct, motive, means and consequence of the crime, etc., under the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, shall be determined by comprehensively taking into account the factors of sentencing as stated in the arguments of this case

D. Unfavorable circumstances: The crime of this case is not against the nature of the crime because it threatens the victim by changing the lane and making it unnecessary to keep the direction, etc. in the direction of the damaged vehicle in the expressway tunnel without turning on the direction, etc. in the future.

The injured shall be punished by the defendant.

The favorable circumstances: The defendant recognizes his mistake, repents, and does not repeat again, and will drive safely in the future.

On September 13, 2018, the defendant is a first-class visually disabled person, and the health condition and economic situation are not good, such as being subject to the decision to commence the individual rehabilitation procedure on September 13, 2018.