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(영문) 광주지방법원 2021.01.28 2020고단5397
특수협박등
Text

A defendant shall be punished by imprisonment 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

1. A special intimidation: (a) on October 23:30, 2020, the Defendant driven a two-laned passenger vehicle while under the influence of alcohol and stopped by making a two-lane change from the first lane to the right-hand turn on the north-gu Seoul; (b) while driving the front-way road in the north-gu Seoul from the second parallel to the second parallel, the Defendant did not drive the direction-setting from the second parallel to the second parallel; (c) while driving the victim F.F. (62) who proceeded in the after parallel of the same direction in the process of changing the course, the Defendant did not yield the course by driving the direction-setting at the front line of the victim; and (d) did not operate the direction-setting at the front line of the victim; and (d) stopped by driving the said two-lane change from the first parallel to the second parallel to the second parallel; and (d) obstructed the course of the said taxi; and (e) did not interfere with the victim’s overtaking the said taxi by passing the said taxi.

In this respect, the defendant carried a dangerous object, and threatened the victim.

2. The Defendant, in violation of the Road Traffic Act, driven the said car under the influence of alcohol content by 0.183% in blood, from the D, which was located in the H in the city of Gwangju, North-gu, Gwangju, to the J’s front road located in the same Gu I. The Defendant driven the said car under the influence of alcohol content by 0.183% in blood.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement of the circumstances of the driver involved in driving;

1. Application of the statutes of the response request for appraisal;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (special intimidation) of the Criminal Act, Articles 148-2(3)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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The criminal records of the defendant, the nature and risk of each of the crimes of this case, the circumstances leading to the crime, and the victim for the reason of sentencing under Article 62-2 of the Criminal Act of community service and order to attend lectures.

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