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(영문) 인천지방법원 2021.02.10 2020고정1838
특수협박
Text

The defendant shall be innocent.

Reasons

Punishment of the crime

On November 15, 2019, at around 07:25, the Defendant moved from the 4-lane to the 80-100km/h speed from the 4-lane to the 4-lane of the Incheon International Airport room on the Incheon International Airport in Jung-gu Incheon International Airport on November 15, 2019, and changed the course from the 2-lane to the 3-lane without the direction direction, the Defendant changed the course from the 3-lane to the 3-lane of the victim C(31, South) who proceeded at the 3-lane of the same room, and the victim changed the course to the two-lane, thereby hindering the progress.

Accordingly, the defendant used a dangerous vehicle, which is a dangerous object, to threaten the victim.

2. Determination

A. At the time, the Defendant, after changing the vehicle line rapidly, was driving a little to go through the system to prevent the over-speed camera, etc., and there was no intention to threaten the victim.

The argument is asserted.

B. Comprehensively taking account of the evidence duly adopted and examined by this court, the Defendant did not maintain the safety distance required for career change in front of the damaged vehicle driven on the three-lanes at the time and place indicated in the facts charged, and without maintaining the safety distance required for career change in the two-lanes, and the damaged vehicle operated 3-4 times in front of the damaged vehicle. The Defendant’s vehicle raised the meaning of the clause. The vehicle was at a speed reduced, the damaged vehicle was bound to reduce the speed, and the damaged vehicle was also forced to reduce the speed of the damaged vehicle. Since the damaged vehicle was changed to the two-lane, the Defendant’s vehicle also changed to the two-lanes.

On the other hand, according to ① the black image of the damaged vehicle (Evidence No. 4), the possibility of lowering the speed is difficult to eliminate the possibility that the above point is the point where the speed was reduced, as alleged by the Defendant, since the other vehicles in the three lanes at the time when the speed was reduced.

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