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(영문) 전주지방법원 2017.12.22 2017고정739
특수협박
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant driven BM5 vehicles.

On May 11, 2017, the Defendant was driving the above vehicle at around 11:40, and was proceeding one-lane prior to the front line in the direction of the front line from the Jeonju Museum at the front line, and the Defendant was trying to change the vehicle from the victim D ( South Korea, 30 years of age) to one-lane for the left-hand turn from the next three-lane from the next three-lane distance.

경적을 울렸으나 피해 자가 차선변경 한 것에 화를 참지 못하고, 피해 자가 좌회전하여 안전하게 2 차로로 정상 주행하는 피해차량 앞으로 피고인은 1 차로에서 2 차로로 갑자기 끼어들면서 제동하자 피해자가 깜짝 놀라 우측으로 사고를 피해 진행하자 피고인이 상향 전조등을 깜박이며 뒤따라 추격하자 피해 자자 제동하면서 핸들을 우측으로 급 조향하여 3 차로로 피해 사고를 면했다.

Accordingly, the Defendant was driving a dangerous object.

Using the SM5 vehicle volume, there was a danger and injury to the traffic, such as threatening the victim to feel as retaliation, and fear of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The fact that the defendant acknowledged the crime of this case for the reasons favorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, and this case is a case for which the defendant requested formal trial, and the defendant cannot be sentenced more severe than the punishment of summary order pursuant to Article 457-2 of the Criminal Procedure Act.

The crime of intimidation by using a dangerous vehicle, which is a dangerous object, is highly dangerous, and the defendant does not take any specific measures to recover damage.

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