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(영문) 수원지방법원 성남지원 2018.10.02 2018고단82
특수협박등
Text

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

Reasons

Punishment of the crime

1. The Defendant is a person engaged in CK5 vehicle driving duties.

On November 5, 2017, the Defendant driven the above vehicle at around 08:00, while driving the vehicle at the Sinpo-si located in the Sinpo-si in Gwangju Metropolitan City at the port of the port of the Agency, the Defendant: (a) turned the vehicle in the same direction on the ground that the victim E (30 years of age) who was the driver of the D Kanpo-si in the same direction, was considerably sounding the Kan-si; (b) he overtakened the Kan-ray vehicle by using the dangerous article, K5 car, and then proceeded the Kan-ray vehicle over several times before the Kan-si; and (c) the Kan-ray car of the victim is driving the Ka5 car again; and (d) re-driving the Kan-si in the front of the Kan-si; and (e) made a sudden change in the Kan-ray vehicle in the future, thereby threatening the victim.

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

2. On November 5, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a CK5 vehicle over a section of about 10km from the active duty road to the road located in the west-gu, Sung-nam-si, Sung-si, Sung-si, Sung-si, Gwangju-si, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Articles 284, 283(1) (special intimidation) of the Criminal Act concerning the facts constituting an offense, Article 152 Subparag. 1, 43 (Unlicensed Driving) of the Road Traffic Act, and the choice of imprisonment with prison labor for each type of crime;

1. The sentencing conditions specified in the records, such as the defendant's age, occupation, sex, family relationship, circumstances before and after the crime, etc., and the sentencing guidelines of the Supreme Court shall be determined as stated in the order, taking into account the following circumstances under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act, and other conditions of sentencing as stated in the records.

Special intimidation is a crime while driving the vehicle, which is highly dangerous, and the victim is severe.

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