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(영문) 대전지방법원 천안지원 2013.05.21 2013고정415
특수협박등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

On January 29, 2010, the Defendant was sentenced to a fine of 2.5 million won due to a violation of the Road Traffic Act, etc. in the support of the Daejeon District Court on January 29, 201, and a fine of 2.5 million won due to a violation of the Road Traffic Act (driving) in the same court on August 12, 2011, and a suspended sentence of 2 years for the six-month period;

1. On October 8, 2012, at around 01:30, a motorcycle driver’s license was not obtained in the state of alcohol concentration of 0.154%, while under the influence of alcohol during blood, and the driver’s license was driven on the B C 100c motor bicycle at the section of approximately 500 meters from the front of the Yanan-dong, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Yandong to the fourth apartment of the same treatment.

2. At around 01:00 on the same day, 2. At the 4th apartment of the Yandong-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Yancheon-si, there are three knife (15 cm length), three knife (15 cm) which is dangerous goods at the defendant's house located in Dong-gu, Seoan-gu, Yan-gu, Seoan-gu, Yan-si, Yan-si, and threatened the victim with the other friendlys of the victim C.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of the police statement regarding C;

1. Ethical letters;

1. A report on detection of a drinking driver, a ledger using a drinking measuring instrument, a kniff photograph, etc. used by suspects, the register of driver's licenses, records of seizure and list of seizure, car inquiry and investigation reports;

1. Before judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (the confirmation report, such as the date of confirmation of the previous conviction and the final judgment);

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of driving on the market), subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act (the point of driving on the market without obtaining a license), and Articles 284 and 283 (1) of the Criminal Act (the point of special intimidation on the market and the choice of fines);

1. Between the crimes of violation of the Road Traffic Act as stated in the holding of each of Articles 40 and 50 of the Commercial Concurrent Crimes Act: it shall be the crime of violation of the Road Traffic Act due to a drunk driving as stated above.

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