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(영문) 수원지방법원 안양지원 2017.02.03 2016고단1920
특수협박등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of a vehicle with a driver’s license in C.

On November 13, 2016, the Defendant driven a motor vehicle with an alcohol content of approximately 8km from around 14:00 to around 14:00 at Suwon-si, which was 780, to the road front of the Haking-si, in order to ensure that the Defendant was under the influence of alcohol content of about 0.060% during blood while under the influence of alcohol.

2. Around November 13, 2016, at the same place as indicated in the above “2” clause, the Defendant saw the transition of the object, which is a dangerous object (the total length of 23 cm, 12 cms) as the Defendant’s hand on his/her left side of the driver’s seat of the Defendant, as the Defendant’s hand, to the effect that he/she prevents the victim from leaving the scene of the accident, and said, at the same time as indicated in the above “2” clause, the Defendant said that “I might die if you can die.”

Nevertheless, the victim continued to stop the defendant, and the defendant said that "I am ra" was "I am ra."

Accordingly, the defendant threatened the victim with dangerous things.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A protocol of seizure and a list of seizure;

1. Notification of the results of regulating drinking driving, and the application of Acts and subordinate statutes of investigation report (No. 13 times a patrol);

1. Relevant legal provisions and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of drinking alcohol driving) concerning criminal facts, the provisions of Articles 284 and 283 (1) of the Criminal Act (the point of special intimidation) and the selection of imprisonment for each sentence;

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

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

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act - Unfavorable circumstances: (a) the crime of intimidation is not good; (b) one time before and after having to drive the same kind of violence; and (c) the excessive possession of dangerous objects; and (d) the nature of the crime of intimidation; (b) the favorable circumstances: (c) the Defendant’s recognition of all of the crimes; and (d) the victim of special intimidation.

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