A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The Defendant is a person who operates a taxi vehicle in the B Launa Corporation.

On January 20, 2016, the Defendant driven the above taxi at around 17:50, and tried to change the course into two lanes in the vicinity of the main road of the Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu Distribution Commercial Building, along the three-lanes of the main road of the Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul. However, on the ground that the victim C (V, 33 years old) who was driving along the two-lanes does not yield the concession, the Defendant saw the victim by sticking in the front of the damaged vehicle. On the other hand, the Defendant continued to open the above taxi driver's seat and open the body outside his body, and threatened the victim with the container of the plastic cup that he gets in front of the damaged vehicle.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes governing cream records of damaged vehicles;

1. Articles 284 and 283 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act / [the scope of the recommended sentence] There is no basic area (from June to one year and six months) (the person who is subject to special sentencing) of the 4 types of intimidation (Habitual, repeated, and special intimidation) [the decision of sentencing] [the decision of sentencing] victim did not make any special mistake that may cause the defendant's retaliation to drive, but the defendant committed the crime of this case and the nature of the crime is bad.

There was no agreement with the victim.

However, in full view of the following facts: (a) the defendant is the first offender and the wrong, (b) the occurrence of heavy damage has not occurred due to traffic accidents; and (c) the defendant's age, sexual conduct, environment, means and methods of committing a crime, and the circumstances after committing a crime, etc., and all of the conditions of sentencing as shown in the records and theories of changes, the punishment shall be determined as exceeding the lower limit of the recommended punishment, and