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(영문) 서울북부지방법원 2017.04.20 2017고정445
특수협박
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a vehicle for the CK5 passenger owned by B as his duty.

On December 8, 2016, 17:20 around 17:20, Gangseo-gu Seoul, Gangseo-gu, Gangseo-gu, 5-ro 64, the front corner of KTG Gangseo-gu 64-ro, Gangseo-gu, Gangseo-gu, Seoul, proceeded at a speed of about 40 kilometers among three-lanes in the direction of the new shooting distance in the direction of the new string distance.

The driver of any motor vehicle has a duty of care to safely drive the steering system, brakes and other devices of the motor vehicle, while accurately operating the steering system, brakes and other devices of the motor vehicle, according to the traffic situation of the road and the structure and performance of the motor vehicle.

Nevertheless, the Defendant is driving a vehicle in such a manner as to take advantage of dangerous objects, as a retaliation against the victim D (37 tax and leisure) with two lanes, on the ground that the E-vehicle operating in two lanes is moving ahead of the victim’s vehicle prior to the entry into a valley, bypassing a non-vehicle driving in the direction of the right-hand side way, and on the ground that the vehicle was partially invaded with the Defendant’s vehicle on the one-lane in progress, and that it was obvious that the vehicle would conflict with the Defendant’s own vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Blue boxes and video CDs;

1. Application of Acts and subordinate statutes to a report on investigation (booms analysis);

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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