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(영문) 수원지방법원 성남지원 2015.11.20 2015고단1539

A defendant shall be punished by imprisonment for six months.

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


Punishment of the crime

On June 5, 2015, at around 20:16, the Defendant: (a) driven a C Posp car and proceeded along the two-lanes of the two-lane road near the Seoul Northern East-dong Highway, the Defendant voluntarily overtakened a victim E(hereinafter “victim”)-W car (hereinafter “victim”) driving on the road, which was driven along the two-lanes of the two-lane road near the Seoul Northern Highway in the direction of the Seoul Northern Highway, by driving the C Posp car.

이에 놀란 피해자가 상향등을 깜빡이며 항의하자 피고인은 위 도로 2차로로 위 이스케이프 승용차를 이동하여 자리를 비켜주었는데도 피해자가 계속 상향등을 깜빡거리고 경적을 울리면서 항의하자 화가 나 위 도로 1차로를 진행 중이던 피해차량 앞으로 재차 끼어든 후 피해차량 앞에서 피고인의 승용차를 급정거하였다.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes on motor vehicles booms and video images;

1. Articles 284 and 283 (1) of the Criminal Act applicable to the crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] There is no basic area (6 months to one year and six months) of the crimes of intimidation (Habitual, Habitual, and Special Intimidation) [Determination of the sentence] [Determination of the sentence] The crime of this case is deemed that the defendant committed the so-called "re-driving" that the defendant has caused a threat to the victim by operating a dangerous vehicle due to the operation of the victim and the vehicle, and the background leading up to the crime, the method and mode of the crime, the risk of additional damage, etc., in light of the nature of the crime and the circumstances.

However, the records and arguments of this case, such as the fact that the defendant committed the crime of this case and reflects his mistake, the fact that there are children to support the defendant, and the age and environment of the defendant, the motive leading to the crime of this case, and the circumstances before and after the crime.