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(영문) 대구지방법원 2017.05.11 2016고단5766
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On August 13, 2016, the Defendant violated the Road Traffic Act (unlicensed Driving) driving a 6km motor vehicle from the Daegu-dong-dong-gu 15-gil to the front of Daegu-dong-dong-dong C, Daegu-dong 15-gil, without a driver’s license.

2. A special intimidation: (a) around 02:15, on August 13, 2016, the Defendant: (b) faced victims with Dunstun vehicles owned by the Defendant, which are dangerous objects on the grounds that the victims E, F, G, and H were gathered in Daegu Dong-gu, Daegu-gu, Daegu-gu, and (c) threatened victims with their body by stopping, as seen earlier.

The Defendant continued to get off from the vehicle to "the horns of rhinoceros at time", and threatened the victim G with his/her face as at the time of his/her hand, "influence", "influence of death," and "influence of hulled rice with the hand floor."

3. On August 13, 2016, the Defendant was driven under the influence of alcohol, such as drinking alcohol from a policeman J while driving a dunst motor vehicle owned by the Defendant under the influence of drinking in front of Daegu Dong-gu, Daegu-gu, Daegu-gu, and while driving the motor vehicle under the influence of alcohol.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 50 minutes into a drinking measuring instrument.

Nevertheless, the defendant avoid this, and did not comply with a police officer's request for a measurement of drinking without good cause.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, H, F, and E;

1. Notification of the results of crackdown on drinking driving, and application of Acts and subordinate statutes to the ledger of license before automatic driving;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (U.S. Driving without License) of the same Act concerning the facts constituting an offense, Articles 284 and 283(1) (special intimidation) of the same Act, Articles 148-2 subparag. 2 and 44(2) of the Road Traffic Act (a point of refusal to measure drinking);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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