A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

[2017 고단 1576] 피고인은 2017. 3. 26. 13:15 경 창원시 의 창구 C 1 층 피해자 D(54 세) 의 집에서 피해자, E와 함께 모여 술을 마시던 중 E가 피고인이 건네준 오렌지를 먹지 않았다는 이유로 시비가 되었고 이를 말리는 피해자에게 앙심을 품고 위험한 물건인 부엌칼( 칼 날 길이 21cm, 총 길이 34cm) 로 피해자의 목을 찌를 듯이 시늉하면서 “ 이 씨 발 놈 아 니도 목 딴다.

“.....”

Accordingly, the defendant carried dangerous objects and threatened the victim.

[2017 Highest 2760] On June 9, 2017, the Defendant driven approximately one meter in front of the G restaurant located in the F of Changwon-si, while under the influence of alcohol at a level of 0.263% during blood transfusion around 06:36 on June 9, 2017.

Summary of Evidence

[2017 order 1576] Witness D and E’s legal statement photographs of the police report [2017 order 2760 [2017 order order 2760] Application of the law to Defendant’s circumstantial statement report

1. Article 284, Article 283(1) (a) of the Criminal Act (a means of intimidation to carry dangerous articles) concerning the facts constituting an offense, and Articles 148-2(2)1, and 44(1) (a) of the Road Traffic Act;

2. Selection of penalty penalty:

3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

4. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

5. Article 62 (1) of the Criminal Act on the suspension of execution;

6. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has a history of being subject to criminal punishment several times due to drinking driving and violent crimes, and the numerical value of this case drinking is very high, and special intimidation in the judgment is a crime using a knife.

However, the criminal records of the defendant's drinking driving are ten years before all, and in the case of special intimidation, the victim does not want the punishment of the defendant, and in light of the relationship with the defendant and the victim, the situation at the time, and the records of the victim's reporting, it does not seem that there is a great need for punishment.