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(영문) 서울동부지방법원 2020.08.13 2019고정1272
협박등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. At around 23:50 on October 6, 2019, the Defendant: (a) the victim D (20 years of age) who was a driver of a vehicle in Songpa-gu Seoul Metropolitan City, was getting a bicycle on the front of the C Public Security Center; (b) the victim D, who was a driver of a vehicle in Songpa-gu, had a light on his/her own; and (c) the victim’s vehicle continues to keep the victim’s vehicle on his/her drinking; and (d) the victim E (42 years of age) who was driving the vehicle thereafter, would not only go against the Defendant’s bicycle; and (d) the victim, who was driving the vehicle thereafter, would not go against the Defendant’s bicycle again.

Accordingly, the defendant threatened victims.

2. Around 00:00 on October 7, 2019, the Defendant was demanded to comply with a drinking test by inserting a bicycle in four minutes, such as the Defendant’s statement and the Defendant’s statement that he/she would have driven a bicycle under the influence of alcohol, on the road prior to the Seoul Songpa-gu C Public Security Center located in Songpa-gu Seoul, by drinking-gu, while getting a bicycle under the influence of alcohol, from D and E, while driving a bicycle on the front of the said C Public Security Center, and from F, who was dispatched to the site after receiving 112 a report on the above trial expenses, he/she considered him/her as driving a bicycle under the influence of alcohol, such as the Defendant’s statement and statement that he/she gets off a bicycle, who gets off a bicycle on the part of the said C Public Security Center.

However, the Defendant refused to put breath in a drinking measuring instrument, and failed to comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement of the circumstances of the police suspect interrogation protocol against the accused;

1. Application of Acts and subordinate statutes governing field photographs in each written statement D and E;

1. Article 283(1) of the Criminal Act, Article 156 subparag. 12 of the Road Traffic Act, and Article 44 of the same Act concerning the crime.

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