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(영문) 서울북부지방법원 2020.08.27 2020고단1155

특수협박등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 11:40 on October 24, 2019, the Defendant had driven a B ASEAN A6 car and attempted to change the course to a two-lane of the fourth-lane of the Seoul outer circular Highway, which is located in the Cheongdo-si Cheongdo-dong, from the Cheongdo-si, to the inside side of the Cheongdo-dong, while trying to change the course from the Cheongdo-dong to the inside side of the Cheongdo-dong Cheongdo-dong (36 years of age) by the victim C (36 years of age), the DoW 320d car driven by the victim C (36 years of age) was fluencing the border, and did not yield it.

The Defendant: (a) avoided the vehicle driven by the victim by passing another vehicle ahead of it; (b) changed the lane; and (c) sharply reduced speed without any obstacle on the front side of the course; and (d) had the victim, who continued to scam and threaten the vehicle driven by the victim, have the victim be placed at the front part of the vehicle driven by the victim, and damaged the said vehicle, which is the victim’s ownership, by having the victim take a regulatory salary installed at the front part of the vehicle driven by the victim; and (c) damaged the said vehicle to the sum of KRW 1,737,600 for the repair cost, such as leaving the front

Accordingly, the defendant threatened the victim by using a dangerous object, and at the same time damaged the victim's property.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) at the time stated in paragraph (1) of this Article, the Defendant driven a B-Adi A6 car in a section of about 50 km from the Do near children of Seongbuk-gu Seoul to the road near Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. The next investigation into the police statement made to C;

1. Registers of driver's licenses;

1. Written estimate;

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

1. Article 284, Article 283 (1) (a) of the Criminal Act, Article 369 (1), Article 366 (a), Article 152 subparagraph 1, or Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of special intimidation and the crimes of special property destruction and damage);

1. Imprisonment with prison labor for each choice of punishment;