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(영문) 광주지방법원 2015.10.20 2015고단2902
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

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

Reasons

Punishment of the crime

On July 12, 2013, the Defendant was issued a summary order of a fine of five million won by committing a violation of the Road Traffic Act at the Gwangju District Court on July 12, 2013, and was sentenced to imprisonment for eight months and two years of suspended execution by the same court on March 28, 2014 and the same year.

4.5. The above judgment is in the current period of suspension of execution;

1. On July 3, 2015, the Defendant, without obtaining a driver’s license on July 3, 2015, driven C rocketing car at approximately 15.3 km from the front of the Dong-Jap Construction Parking Lot to the front road of the Gwangju Mine Office, located in the 53-gambling 0.106% of alcohol alcohol level without obtaining a driver’s license on July 3, 2015.

2. At around 00:55 on the same day, the Defendant: (a) at the intersection of the same eropic line, such as a 3rd distance signal, which is located on the erode of Gwangju Mine-gu, whereby the victim D (the age of 49) driven a ice for business purpose and passed the Defendant’s car by driving the said string taxi; (b) obstructed the victim’s taxi in front of the victim’s taxi and repeated a sudden reduction or sudden stop over six times in the middle of the first apartment distance in the eropic zone of Gwangju Mine-gu, Gwangju Mine-gu, the Defendant threatened the victim on the front of the 5.5km apartment distance.

Therefore, the defendant threatened the victim with a dangerous object as a motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. On-site evidentiary photographs;

1. Previous records before ruling: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Article 284 of the Criminal Act, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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