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(영문) 청주지방법원 2019.02.14 2018고단3101
특수협박
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a bus driver B.

On November 20, 2018, the Defendant was proceeding along the first lane of the vehicle line on the Sinkdong Expressway in the New Village No. 64-15 Sinkdong Highway in a written form at the time of permanent display on November 20, 2018, and the victim C driver's DNA truck, which was proceeding in the second lane in the same direction, changed the course in the front bus of the Defendant driver's license and changed the course again into the second lane.

Therefore, the defendant, using the bus, which is a dangerous object, has carried the damaged vehicle to the right side, threatened the damaged vehicle to the right side, and was engaged in retaliationed driving, such as obstructing the course by reducing the speed in the future.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. An inquiry into the enemy;

1. The national inquiry;

1. Application of the Act and subordinate statutes 1 to black boxes and video CDs

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Where he/she threatens a driver of a motor vehicle in operation of a motor vehicle in the aggravated area (six months to two years) (specialally under special circumstances) of Category IV (Scope of Recommendation) of the Sentencing (Scope of Recommendation).

2. The sentence shall be determined as ordered by taking into account the following conditions of sentencing, including the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime.

The fact that the nature of the crime is poor by using buses on board passengers, threatening the other party, the fact that there has been a history of punishment for several times including one suspended sentence, the fact that there has been no agreement with the victim, and the fact that there is a confession and reflect that there has been no agreement with the victim.

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