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(영문) 울산지방법원 2020.05.13 2020고단46

특수재물손괴등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a K5 vehicle B.

On June 19, 2019, the Defendant driven the said vehicle, while driving the said vehicle, and driving the road in front of the camping dong point of the D Association in Ulsan-gu, Ulsan-gu, Ulsan-gu, in the direction of E in the direction of E in the direction of night distance. On the left side of the Defendant, the GNice vehicle in the victim F (the 40-year-old age) driving of the Defendant changed the said vehicle to the Defendant’s moving lane without the signal of change of the vehicle.

Accordingly, the Defendant followed the damaged vehicle, string the horn repeatedly, over the center line, overtaken the damaged vehicle to the right side, and stop down the damaged vehicle before the damaged vehicle, and string the damaged vehicle into the right side of the Defendant’s driving vehicle with the front part.

As a result, the Defendant, carrying dangerous articles, destroyed the damaged vehicle in a amount equivalent to KRW 2,038,60 of repair cost, and threatened or threatened another person, or caused danger to traffic.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to photographs of the vehicle involved in the accident, estimates for repair of the vehicle, and investigation reports (report on the examination of the suspect vehicle image image);

1. Relevant provisions of Article 369 (1), Article 366 of the Criminal Act concerning criminal facts, and Articles 151-2, and 46-3 of the Road Traffic Act;

1. Selection of each alternative fine for punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the confession of the defendant to commit the crime of this case, the fact that the defendant has no criminal penalty power exceeding the same kind of power or fine, etc. in favor of the defendant, and the fact that the defendant does not seem to have made efforts to recover from damage, such as an agreement with the victim, etc., shall be taken into consideration in consideration each other unfavorable to the defendant