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(영문) 서울동부지방법원 2017.05.16 2016고단4293 (1)
특수협박등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Around 01:00 on November 04, 2016, the Defendant was driving D Twork XG car while under the influence of alcohol with approximately 5km alcohol concentration of about 0.134% at the section of about 5km from the road in front of a trade influence in Songpa-gu Seoul, Songpa-gu, Seoul, to the road front of the 68-lane off, as both the Gu and the Gu.

2. Special intimidation: (a) the Defendant, under the influence of alcohol at the time, border, and at the same time and place as indicated in the preceding paragraph, took a brupted line of the said D Trax XG car in the balg, and led the Defendant to turn on the victim F.(59) who operated E taxi, with the f.o.h., the Defendant gave attention to the Defendant, f.h., turn on the water level to the damaged vehicle; and (b) when the damaged vehicle changed the vehicle into two lanes in the same direction, the Defendant threatened the victim by using a vehicle, which is a dangerous object, such as a collision, at the right side of the damaged vehicle once in front of the left side of the damaged vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F;

1. A report on the inspection of a black box box, a video file CD, and an investigation report (report on the inspection of a black stuff image);

1. Application of Acts and subordinate statutes to reports on the occurrence of traffic accidents, records on the measurement of drinking and reports on the detection of drivers;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (special intimidation) of the Criminal Act, Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and the choice of imprisonment, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The conditions favorable to the defendant among the grounds for sentencing);

1. Article 62-2 of the Criminal Act of the community service order (the defendant and his defense counsel asserts that the defendant's vehicle is not a dangerous object.

According to the scambling and black video files, the defendant provided a tea line and drive a motor vehicle, and the victim who was followed while driving a motor vehicle, she gets a light and raised the light on one occasion.

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