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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2015. 7. 11. 00:19경 울산시 울주군 온산읍 덕신리 산 208-1 온산로에서 B K5 승용차를 운전하던 중 피고인의 차 뒤에서 경적을 울리며 상향등을 깜빡거리는 차량이 피해자 C(65세)가 운전하는 D 택시인 것으로 오인하고 순간적으로 화가 나, 중앙선을 침범하여 피해자의 택시 앞으로 앞지르기를 한 후 피해자 택시 앞에서 급제동하고, 피해자가 이를 피해 1차로로 진행하자 같은 차로로 뒤따라 가 다시 그 앞에서 급제동하고, 계속하여 피해자보다 앞서 진행하다가 다시 피해자의 택시 앞에서 급제동함으로써 피해자의 생명 또는 신체에 어떠한 위해를 가할 듯한 태도를 보였다.

Accordingly, the defendant threatened the victim with a dangerous object, which is a motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. E statements;

1. Internal photographs of the vehicle;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The mitigated area (4-1 years habitually, repeated crime and special intimidation) (4-1 years), the mitigated area (including the person who has been specially mitigated), or the case where considerable damage was restored (including the advanced efforts to recover the damage) (the decision of sentence] the defendant is against his/her will while committing a crime, and the fact that he/she has agreed with the victim is an element for sentencing favorable to the defendant.

It is a factor to impose a sentence against the defendant that is disadvantageous to the defendant because of the defendant's vehicle in operation, such as rapid and threateninging of the vehicle after passing over several times, and the attitude of the act is very dangerous and bad, and one time of fine power of the same kind.

The age, character and conduct, environment, relationship to victims, circumstances after crimes, etc. of defendants are various.