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(영문) 대구지방법원 안동지원 2018.05.01 2017고단361
특수협박등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On October 21, 2016, the Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor for special bodily injury, etc. in the Daegu District Court, and the judgment became final and conclusive on September 23, 2017.

On the other hand, the defendant, as a partner of the victim B(58) tax, has conflict between the victim and the inheritance of real estate.

1. Around May 2, 2017, the Defendant: (a) under the influence of alcohol at the time of the victim’s residence in Ansan-dong-si, on May 2, 2017, the Defendant: (b) boomed the blue brue (80cc in length, 50cc in length on the day) of grain, which is a dangerous object in the warehouse in the said place; (c) and (d) when the Defendant’s vehicle was unloaded, the victim was the victim of the horse, “the flue, the dead, and the dead,” and the victim was threatened by the blue brue that the brue would

2. On May 2, 2017, the Defendant violated the Road Traffic Act (e.g., refusal of measurement of drinking), she sniffly sniffly snife the Defendant from F of the police box affiliated with the police box affiliated with the police box of the same Dong Police Station, while driving the drinking by the Defendant under the above subparagraph B, while driving the drinking.

A person who was driven under the influence of alcohol, such as statements;

There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument three times.

Nevertheless, the Defendant did not put the part of a drinking measuring instrument into a drinking measuring instrument and avoided this, and did not comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police in relation to B and G;

1. Seizure records;

1. Notification of the results of the crackdown on the driving of drinking, confirmation of the person refusing to comply with the measurement of drinking, report on the situation of the driver of drinking, report on internal investigation, photographs and caps, and report on each investigation;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes, such as a written inquiry about criminal history and text of judgment;

1. Articles 284, 283(1) (special intimidation) of the Criminal Act regarding the crime, and Articles 148-2(1)2 and 44 of the Road Traffic Act.

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