2015 Highest 2271 Violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.)

(Special Intimidation for recognised Crime)

A (55 years, South Korea), drivers

J. (Institution of Prosecution) and motors (public trial)

Attorney Sung Chang-ho

December 24, 2015

A defendant shall be punished by imprisonment with prison labor for up to eight months.

except that the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant shall order the defendant to provide community service for 160 hours and attend a law-abiding driving lecture for 40 hours.

Criminal facts

On May 21, 2015: around 05, the Defendant: (a) around 05, the Defendant: (b) driven the bus stops in front of the bus stops in the Taedong-dong, Busan dong-gu, Busan 95 Asian ***** 18 tons of the cargo vehicle in front of the bus stops in the middle of the two-lanes, which was driven by the victim B ( South, 41 years old) who was driven by the victim B ( South, 41 years old); (c)*** the bus bus stops between two-lanes and the right-hand side of the bus stops and stops the said bus to interfere with the Defendant’s slow-down of the cargo, and (d) unloaded the said bus to the victim, and then “I am hick and h h h n h h h h h h h h h h h h. before the bus,” and “I n h h h h h h.

After that, the defendant driving a cargo vehicle again and driving a two-lane in the intersection, and the above bus driven by the victim following the two-lanes, and changing the two-lane to the one-lane, the defendant did not have any obstacle on the two-lane, the direction of the defendant's driving. As the above cargo vehicle is nearly in contact with the above bus driven from the one-lane, the driver's driving of the above cargo vehicle and driving it on the other side of the bus, and the victim kidddds the right side of the bus with the above bus, without securing the safety distance as it is.

Accordingly, the Defendant, using the above dangerous cargo vehicles, threatened the victim who is a bus driver.

Summary of Evidence

omitted.

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Articles 284 and 283(1) of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Orders to provide community service or attend lectures;

Article 62-2 of the Criminal Act

Reasons for sentencing

[Scope of Recommendation Form]

Type IV (Habitual, Cumulative Offense, Special Intimidation) of the Basic Area of Terrorism (from June to June 1)

【Special Convicted Persons】

None

【Determination of Sentence】

In light of the fact that the defendant's 18 tons of truck, which is a dangerous object on the ground that he was obstructed in the course of driving a vehicle, has access to the right side of the bus by attaching 18 tons of truck, and thus, it is not good to form the crime by threatening the victim due to scambling and threatening driving, such as sudden sticking, etc. one lane, and the 18 tons of truck could cause a serious accident if she could cause a threat against the bus. Nevertheless, the vehicle line is not intentionally adjacent or threatened, and this degree of driving behavior is not changed with the intention of intentionally, but can be permitted under the social norms, etc. It is determined by the sentence, taking into account the fact that there is no effort to recover the damage, the victim wants to punish the defendant, and the traffic crime or crime history is several times.

Judges Lee Gyeong-won