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(영문) 전주지방법원 정읍지원 2020.06.18 2020고단152
특수협박등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Around 07:20 on March 13, 2020, the Defendant: (a) driven a B rocketing car on the Honam Highway in the right side of the Jeonnam-Eup, Jeonnam-si; (b) driven by the victim C (the age of 63) toward the airban in Gwangju metropolitan area on the ground that D MT truck drivened into the airban; (c) driven by the victim C in front of the damaged vehicle in front of the damaged vehicle; (d) driven by the damaged vehicle in front of the damaged vehicle by moving the damaged vehicle into the right side; and (d) the victim was driving by changing the vehicle into the two-lane by avoiding the Defendant; and (d) driven the damaged vehicle over three times by reworking the two-lane along the damaged vehicle.

Accordingly, the defendant carried the above rocketing car, which is a dangerous object, and threatened the victim.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) at the time and place stated in the above Section 1.’, and drive the said rocketing car on the road from the front side of the Gwangju E-building without a driver’s license to the front day of the F apartment in the Jeonbuk-si, Jeonbuk-si without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Smart citizen information;

1. Photographs of the damaged vehicle;

1. Victims booms and CDs;

1. An inquiry into the enemy (B);

1. The ledger of driver's licenses;

1. Report on internal investigation (report details, etc.);

1. Report on internal investigation (victim C telephone communications);

1. Inquiry into the notification of the offense (A), and inquiry into the notification of the offense (B);

1. Application of Acts and subordinate statutes to report on investigation (verification of the same criminal history as a suspect);

1. Relevant Article of the Criminal Act, Articles 284, 283(1) of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of a sentence;

1. The reason for the sentencing of concurrent crimes is that the defendant is above the given points due to bad driving and is in a state of unauthorized license. The reason for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Crimes to the extent that the punishment is added to the punishment specified for heavy special intimidation and the long-term punishment for both crimes) of the Criminal Act.

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