logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2016.12.09 2016고단2324
특수협박
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On July 28, 2016, the Defendant is a person engaging in driving of Cpoter II cargo vehicles. On July 28, 2016, at around 13:23, the Defendant is driving the said taxi after he/she violated the duty to prohibit the change of course to the inside circulation of the front hill tunnel, 5 times in violation of the duty to ensure the safety distance, and 4 times in total the duty to ensure the safety distance.

In two times, the victim was threatened by the use of the above cargo vehicle, which is a dangerous object.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A traffic accident report;

1. Investigation report (Analysis of screen pictures);

1. The defendant asserts that he had no intention of threatening the victim to threaten the victim's taxi in front of the taxi in order to believe that the victim, who is the driver of the above taxi, is driving under influence of alcohol and to confirm it. According to each of the above evidence, the defendant can sufficiently recognize the fact that the defendant has threatened the victim in the same manner as the facts constituting the crime on the ground that the victim's taxi in the tunnel is driving under the influence of alcohol, and thus, the defendant's assertion of innocence is not accepted.

1. Articles 284 and 283 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act ( considered favorable circumstances to the defendant);

1. Where the sentencing criteria [Scope of recommendations] types 4 (Habitual, Cumulative Crime, Special Intimidation) (4-1 year) (including special mitigation), the area of mitigation (4-1 year), the area of punishment not having been imposed (including serious efforts to recover damage), or considerable damage has been restored;

2. The Defendant, who was sentenced to a sentence, is going to threaten the victim on the ground that he was going to go in front of his own cargo.

arrow