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(영문) 대전지방법원 2017.01.25 2016고단3308
특수협박등
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

1. From May 3, 2016 to around 04:30 on the same day, the Defendant, from around 04:50 on the same day, had driven the Clearning car into the front side of the Yongsan-gu, Seogu, Seo-gu, Seo-gu, Seo-gu, Daejeon E-si, who is driving the victim D(64 years old), with the front side of the Yongsan-gu Public Security Center, and had changed the course to a two-lane, on the ground that: (a) from around 04:30 on May 3, 2016, the Defendant threatened the victim’s taxi that caused the damage to a two-lane while driving the Clearning car into the front side of the Yongsan-gu, Seonam-gu, Seonam-gu, Seonam-gu, and then stopped the taxi to a two-lane; and (b) thereby, (c) threatened the victim, as it would endanger the victim, who is a dangerous thing.

2. Around 04:45 on May 03, 2016, the Defendant was under the influence of alcohol content of 0.069% in blood, the Defendant driven a C-learning car with approximately 10km from the 410 apartment parking lot of Daejeon Seo-gu, Daejeon to the place under the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, F and G;

1. A H statement;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Relevant Article of the Criminal Act, Articles 284, 283(1) (Special Intimidations, Selection of Imprisonment), Articles 148-2(2)3 and 44(1) of the Road Traffic Act (the point of drinking and the choice of imprisonment) of the Criminal Act concerning 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 suspended execution;

1. An unfavorable circumstance shall be taken into account of the following: (a) the reason for sentencing under Article 62-2 of the Criminal Act; (b) the poor quality of the crime in light of the circumstances leading up to the crime; and (c) the fact that there was any record of punishment of each fine for a violation of Road Traffic Act or a special assault;

Considering the favorable circumstances, such as the fact that the defendant's mistake is recognized and reflected, and the fact that the injured party does not want the punishment of the defendant in agreement with the injured party.

In addition, all the arguments of this case, such as the defendant's age, sex, and environment, are shown.

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