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A defendant shall be punished by imprisonment for six 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. A special intimidation: (a) around 17:40 on May 3, 2018, the Defendant driven a Ctea car and found a place to be parked on 43 o, 135, o, 135, o, the number of right lines at the time of Suwon; (b) the E-owned vehicles owned by the victim D (33 o) block the parking place; (c) the Defendant requested the victim to move promptly and promptly; and (d) the victim “Da” is the victim.
The expression of “to die,” such as “to die,” and the thesis made a hack, which is a dangerous object behind the partitions ( approximately 45 cm in total length, approximately 20 cm in length on the day), and threatened the victim with “to die and die,” etc.
2. On May 3, 2018, the Defendant, while under the influence of alcohol at around 17:40, the Defendant driven a car with C the Cme off at a section of about 500 meters from the 135-lane, the number of flow lines at Suwon-si, to the 43-lane, the number of flow lines at Suwon-si, from the unclaimed road below 0.139% of alcohol while under the influence of alcohol during blood at around 17:40.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Police seizure records and list of seizure;
1. A criminal report, a video CD at the scene of the crime, and a photograph related to the case;
1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;
1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (special intimidation) of the Criminal Act, Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and the choice of imprisonment, respectively, for the crime;
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. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;
1. The crime of this case for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the defendant has driven alcohol and has threatened a victim who had no in-depth awareness by carrying a well-contest with him, and the nature of the crime is not less exceptionally and more dangerous. The amount of alcohol concentration in the blood due to drinking in this case is not lower, but the defendant has been punished once by a drinking alcohol driving and twice by a property damage crime for the past 10 years.