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(영문) 창원지방법원 2016.12.22 2016고단3463
특수협박등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Special intimidation Defendant is a person driving a BA-to-purd vehicle.

On September 19, 2016, the Defendant driven the said car at around 00:37, and proceeded along the two-lanes of the road near the shooting range at the window of Changwon city, along the window of the small square, along the two-lanes. On September 19, 2016, the Defendant tried to threaten the victim D (34 years of age) who was driving a car with the same direction, on the ground that the victim D (34 years of age) who was driving a car in accordance with the same direction gets light.

The Defendant, along with the damaged vehicle in approximately 2.18 km section from the road near the above shooting distance to the front line of the half-way road in the window of Changwon-si in Changwon-si, rapidly changed course from the two-lanes to the one-lane road, and then immediately operated the damaged vehicle in front of the damaged vehicle that was proceeding one lane at the time, and subsequently made a threat, such as blocking the damaged vehicle, by pushing the damaged vehicle toward the center line.

Accordingly, the defendant threatened the victim by using a dangerous vehicle.

2. Around 01:10 on September 19, 2016, the Defendant was driving a vehicle of approximately 5 km from the section B at approximately 5 km to the front of the half-distance distance located in the window-dong of Changwon-si, Changwon-si, while under the influence of alcohol with a blood alcohol concentration of 0.159%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to the field map and booming video images;

1. Article 284, Article 283 (1) of the Criminal Act for the crime concerned, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act for the crime (the point of sound driving);

1. Selection of each sentence of imprisonment;

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

1. The details and method of the crime of sentencing under Article 62(1) of the Criminal Act.

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