The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant is a person who drives a first passenger car in the name of D and E-owned E.

On January 17, 2017, the Defendant driven the above vehicle at around 07:16, and tried to drive one lane from the two-lanes in front of the branch office, Dong, Busan Gangseo-gu branch office, which is located in Busan Gangseo-gu branch, to the G QM5 vehicle for the victim F ( South, 28 years old) driving ahead of the same direction while driving the two-lanes from the private distance of the branch office science complex to the open speed.

이때 피해차량이 서행으로 진행하자 피고인이 라이트를 수회 깜박이며 빨리 진행하라는 표시를 하였으나 피해자가 계속 천천히 진행하였고 이에 화가 난 피고인은 자동차를 이용하여 피해자에게 보복할 마음을 먹었다.

After moving from the first lane to the second lane of the damaged vehicle, the Defendant threatened the damaged vehicle over about 20 meters by moving the damaged vehicle into one lane in close vicinity of the damaged vehicle, accelerating the speed and slowing down the speed.

Accordingly, the defendant threatened the victim by using a dangerous vehicle.

2. Determination

A. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by a public prosecutor, and the conviction of guilt is to be based on evidence with probative value sufficient for a judge to have the truth that the facts charged are true beyond a reasonable doubt (Article 307(2) of the Criminal Procedure Act). If there is no such evidence, even if there is any doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest (see Supreme Court Decision 2008Do9890, Feb. 12, 2009). (b) The following circumstances acknowledged by the evidence duly adopted and investigated by the court, namely, the vehicle of the defendant who followed the victim's vehicle, etc., was raised several times, and there is no sufficient distance.