2015 high group 2270-1 (Separation), 4936 (Consolidation), 504 (Consolidation), 6211 (Consolidation)

Violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.)

may threaten, a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Unlicensed Operation);

Violation of the Road Traffic Act (Measures Not Taken after Accidents), Injury

A person shall be appointed.

Kim Jong-hwan, Song-dae (Public Prosecution), Lee Jong-young, Lee Jong-young (Public Trial)

Attorney B (Korean National Assembly for Defendant A)

May 12, 2016

A person shall be punished by imprisonment with prison labor for not less than eight months for the crimes of Articles 3, 00, 000 and 2 through 4 of the Judgment of the Defendant.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

Criminal facts

On July 25, 2013, the Defendant was sentenced to a suspended sentence of two years, etc. at the Daegu District Court on October 25, 2013, and the judgment became final and conclusive on August 2 of the same year.

1. Special intimidation "2015 Highest 2270;

피고인은 2012. 8. 초순 03 : 00경 경북 경산시 C에 있는 D 노래방에서, 선배인 이 과거에 피해자 F ( 45세 ) 에게 문신가게 운영을 위해 돈을 지원해 달라고 부탁하였음에도 피해자가 거부한 일로 앙심을 품고 피해자를 찾아가 피해자에게 " 형님은 내가 사업 좀 할라 하는데 좀 보태주지도 않고, 이제부터 형님 인생 쫑입니다. 그만 사이소. 형님도 하양에서 인식도 안 좋으니 다리 하나 접읍시다. " 라고 협박함에 있어, E으로부터 노래방 안으로 들어오라는 연락을 받고 위험한 물건인 알루미늄 야구방망이 ( 총길이 약 83cm, 손잡이 약 10cm ) 를 들고 피해자 앞에 서서 피해자를 때릴 것 같은 태도를 보이는 등의 방법으로 피해자를 협박하였다 .

Accordingly, the Defendant conspired with E to threaten the victim as above.

2. Bodily injury: 2015No6211;

On June 16, 2015: around 00, the Defendant discussed the victim (the 25 years of age) who was on the studio in the daily studio located in G in the Gyeongsan-si in the Gyeongbuk-si in the Gyeongbuk-si, the Defendant talked that the Defendant “the Defendant was “the 25 years of age”.

Therefore, after the victim gets off the vehicle by driving off the vehicle of the defendant, the victim gets off the vehicle at the vehicle, and the victim gets off the vehicle, "I am the head part of the victim at one time due to drinking, while taking a bath as to why I am dyke, and dyke the victim's head part above the victim's dyke, and the victim was injured by light dykes and tensions that require approximately two weeks of medical treatment.

3. Violation of the Road Traffic Act (Measures Not to be Taken after Accidents)

A. On September 14, 2015: (a) around 10, the Defendant driven JNEW franchise low-XG car, and continued four lanes prior to the retirement distance in Daegu Suwon-gu K, one of the four-lanes in front of the resignation distance, one of the four-lanes in front of the resignation distance in the Daegu Suwon-gu K, at a speed of influence at the speed of time from the Gyeongsan-gu to the long-distance of photograph.

A person engaged in driving service has a duty of care in the field of duty to see the ebbbbrence and to accurately operate the steering ebrance and brakes.

Nevertheless, under the influence of alcohol, the Defendant, by negligence in the course of duty, left the right side of the victim M-si driving in front of the same lane in front of the same lane, destroyed the front gate, etc. of the said taxi to be repaired by the lower part of the left side of the said franchise, and escaped without immediately stopping the said taxi and without taking necessary measures.

B. At around 07:28, the Defendant continued to drive the franchise XG car as stipulated in the above paragraph (1) above and continued to drive five lanes in front of the restaurant, in which the happiness in the same Gu N was acquired, using five lanes in front of the restaurant from this gate to the speed of speedless emuls.g. from this gate.

A person engaged in driving service has a duty of care in the field of duty to see the ebbbbrence and to accurately operate the steering ebrance and brakes.

Nevertheless, under the influence of alcohol, the Defendant left the right side of the victim PP driving that changed from the four-lanes to five-lanes of the same road due to occupational negligence and attempted to stop immediately and stop the vehicle and abscond without taking necessary measures, even though it was damaged by the 636,880 won of the repair cost to the front part of the car in front of the franchise.

4. Violation of the Road Traffic Act due to drinking or unlicensed driving;

On September 14, 2015: around 00, the Defendant driven a UNEW chip car while under the influence of 05% alcohol level 0.245% under the influence of alcohol level, without obtaining a driver’s license, from the front of the restaurant of the sea area located in the city of Gyeong-si in Busan to the lower end of the 5km road located in the Gu of Daegu.

Summary of Evidence

“2015 Highest 2270

1. Copy of the fourth trial record, copy of the examination of witness, and copy of the examination of witness [Attachment Nos. 67, 68, 69 of the evidence list (hereinafter referred to as "Nos. 67, 68, 69] of the Daegu District Court case No. 2014 High Court case No. 5567;

1. Each one of the court rulings in the first instance against E (the sequence 39);

[In full view of the adopted evidence, such as the fact that E’s testimony present at the public trial of the case involving accomplice B is specific, and its credibility is recognized as a substitute for a fraudulent statement, the defendant may sufficiently recognize the facts of intimidation, such as facts constituting an offense, in collusion with the criminal defendant.]

" 2015 Highest 6211"

1. Statement of the accused in the nine-time protocol of trial;

1. Each police statement made to I;

1. A written diagnosis of injury;

1. Reporting on occurrence of a crime of violence or damage to property;

“2015 Godan5504

1. Statement of the accused in the seventh trial records;

1. Each police statement of L/P (U);

1. Each report on actual condition;

1. Each written estimate (the sequence 8, 15);

“2015 Highest 4936

1. Statement of the defendant in the sixth protocol of trial;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

“A previous conviction in the judgment,”

1. An inquiry report on criminal records, etc.;

1. Investigation report (the fact that a case is tried and the previous conviction, etc. of the same kind);

Application of Statutes

1. Article applicable to criminal facts;

Articles 284 and 30 of the Criminal Act (the point of special intimidation), Article 257 (1) of the Criminal Act (the point of injury), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after destroying or damaging things), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol), Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of driving without a license)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Punishment for Special Intimidation, and Selection of Imprisonment for the remaining crimes

1. Handling concurrent crimes;

The latter part of Article 37 and Article 39 (1) of the Criminal Act (the crime of Article 1 of the Judgment and the fraud for which judgment has become final and conclusive)

1. Aggravation for concurrent crimes;

Article 37 (Crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 (Crimes under Articles 2 through 4 of Decision)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act. Article 55(1)3 of the Criminal Act

1. Detention in a workhouse;

With respect to the crime of special intimidation on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act, a fine shall be selected by taking into account the following circumstances: (a) the defendant denies the above crime; (b) the principal offender E agreed with the victim; and (c) the degree of the defendant’s participation is minor; and (d) the first head of the crime in which the judgment has already become final and conclusive (hereinafter referred to as the “former judgment”) and the latter part of Article 37 of the Criminal Act, and the equality in the case of a judgment

As to the remaining crimes, the defendant was sentenced to a fine of 258% on October 2007 by an act of drunk driving in around 2007, and the driver of the next vehicle and the end of the trial at around 2013 under the influence of alcohol, and was arrested after having escaped from an accident that causes damage to the vehicle, and thus failing to comply with a drinking test. However, the defendant again committed the crime of this case in the same kind. Some of the crimes were committed during the suspension period by previous decisions, and the drinking water level reaches 245% on October 245, etc., the sentence of imprisonment shall be selected: Provided, That the victim I, L, the degree of injury of the victim is insignificant, and the degree of damage of the victim L, the degree of damage of the P vehicle is relatively insignificant, and the sentence shall be determined by taking into account all the circumstances such as the defendant's age, character and behavior, family relationship, motive and circumstances after the crime, etc., as the order of punishment is determined as follows.

Judges Yellow-Annives