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(영문) 청주지방법원 제천지원 2018.11.08 2018고단276
특수협박등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

[criminal history] The defendant was sentenced to a summary order of a fine of three million won on April 24, 2008 due to a violation of the Road Traffic Act (drinking driving), etc. at the Cheongju District Court Support on the Cheongju District Court on April 24, 2008. On April 19, 2013, the defendant was sentenced to one year of imprisonment with prison labor for a violation of the Road Traffic Act (drinking driving) and two or more years of suspension of execution and was sentenced to two or more years of suspension of execution.

[Criminal facts]

1. A special intimidation: (a) around June 26, 2018, the Defendant met the Victim F (46 years of age) who is the Chairperson of the E Games, and was dissatisfied with the competition progress of the E Games; (b) was sprinking the victim’s spherb by hand and sphering the victim’s spherb, which is a dangerous object on the table table, and said, “the victim shall sphere and kill the victim’s spherb.”

2. On July 4, 2018, the Defendant driven a GM car without obtaining a driver’s license for a vehicle while under the influence of alcohol with approximately 0.194% alcohol concentration from the section of about 700 meters, which is around 700 meters, from the day front of the funeral hall in the 5th Y-dong, Seocheon-si, Incheon Metropolitan City, to the day preceding 96, around July 4, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on the driving of drinking;

1. Criminal history: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same kind of drinking, non-licensed electric power judgment, etc.), text of judgment, and summary order text;

1. Article 284, Article 283 (1) (special intimidation) of the Criminal Act in relation to the crime, Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (LA) are heavier between the crimes of violating the Road Traffic Act and the crimes of violating the Road Traffic Act (LA) and the punishment.

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