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(영문) 의정부지방법원 2016.11.02 2016고단2224
특수협박
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

At around 06:30 on October 3, 2015, the Defendant: (a) driven a D Almat-ro car (hereinafter “Defendant vehicle”) and driven the Jin-Eup at a speed of 95km per hour in the direction of “ Jin-gu” in accordance with one lane among the two lanes in the southyang-si city; (b) discovered that the victim E (hereinafter “victim, 53 years old) driven by the two-lanes (hereinafter “victim”) driven by the victim E (hereinafter “victim”) went along the two-lanes and raised the border, but the victim entered the one-lane, and did not ensure sufficient safety distance after changing the two-lanes into the one-lane, and without securing sufficient safety distance; and (c) made the victim conflict with the victim by changing the two-lanes to one-lanes, thereby threatening the damaged vehicle.

Accordingly, the defendant carried a motor vehicle, which is a dangerous object, and threatened the victim.

Summary of Evidence

1. Legal statement of witness E in part of the defendant;

1. Statement to E by the police;

1. Each investigation report on the occurrence of the E's traffic accident (the submission of the victim's on-site map and the summary of the case - the field map, the clinical investigation-field photograph, the victim and the suspect's video data verification);

1. Determination as to the assertion of the Defendant and the defense counsel by the vehicle booms video (di-E), the black booms video (di-A)

1. The main point of the argument is that the Defendant changed the two lanes to overtake the damaged vehicle, and then does not obstruct the driving of the vehicle heading to the two lanes, and the damaged vehicle is overtaking the vehicle in order to turn to the right to the left in the direction of the shooting range in the front direction, and then changed the vehicle to the one lane immediately. After changing the vehicle into the one lane, the Defendant changed the one lane to the one lane and did not reduce the speed, and at the same time reduced the speed from the front direction to the other.

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