A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Around 07:20 on October 9, 2015, the Defendant driven a first-class car in B, and proceeded along the second-class lane from the west to the west. A victim D (53 tax) who driven a C cab in the front direction to prevent and yield the Defendant’s course while driving the C cab in the front direction to the west. Around October 9, 2015, the Defendant changed the first-class lane from the first lane to the second lane, and the victim changed the second-class lane from the first lane to the second lane, and the second-class lane was changed to the second-class lane.

Accordingly, the defendant, carrying a dangerous article, threatened the victim's body with the above car.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the Acts and subordinate statutes on photograph description;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommending punishment] There is no basic area (from June to one year and six months) (the person who is subject to special sentencing] (the decision of sentencing] of the basic area (from June to one year and six months) [the decision of sentencing] of Article 62(1) of the Criminal Act on the grounds of sentencing [the scope of recommending punishment] in the manner that the defendant makes a sudden operation on the expressway.

This is a very dangerous behavior that may lead to a large-scale accident, and the responsibility of the defendant is not weak in consideration of the fact that the defendant's responsibility is not easy from the victim, the fact that there are many criminal records due to violent crimes.

However, the overall sentencing conditions indicated in the argument of this case, such as the fact that the defendant recognized the crime of this case and appears to reflect, the fact that the defendant is a contingent crime, the degree of damage, and the fact that the accident does not lead to the accident, etc., shall be comprehensively considered, and the punishment shall be determined as ordered.