(영문) 대구지방법원 2014.12.11 2014고단4659



A defendant shall be punished by imprisonment for not less than three 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

1. Around 19:50 on August 18, 2014, the Defendant, while under the influence of alcohol on the 38-gu Jung-gu, Daegu-gu (Seoul-gu) Park 19:50 on the front of the 38-gu, the Defendant abused the victim who requested the taxi fee “Along with the taxi fee that would have been paid in advance.” On the other hand, the Defendant used the 38-gu, Daegu-gu (Seoul-gu) taxi and tried to set the taxi on the front of the 38-gu, the 196-gu, Seoul-gu, Seoul-gu, Seoul-gu, and

2. On August 18, 2014, the Defendant: (a) around 19:50 on August 18, 2014, the Daegu Jung-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) was drunk on the front of the 38 Jin Park Park Park Gyeong-gu (hereinafter “Seoul Special Metropolitan City”) in front of the 38 Jin Park, thereby damaging a taxi in a way that the front door of the taxi under paragraph (1) owned by the Defendant, which is in front of the victim, walked up twice to the right side of the taxi, thereby getting off the taxi

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of the written estimate statutes;

1. Articles 260 (1) and 366 of the Criminal Act applicable to the facts constituting the crime;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable one of the reasons for sentencing below) of the suspended sentence is divided into the defendant's mistake, and the victim's injury is not severe, and considerable damage has been recovered by paying 200,000 won to the victim. The defendant's age, character, character, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc. are considered as a concurrent crime with the crime of property damage and damage to which the sentencing guidelines are not applicable, and only the lower limit is recommended, taking into account the following factors: the defendant's age, character and behavior, intelligence and environment, relationship with the victim, the victim, the motive, means and consequence of the crime, and various reasons for sentencing specified in the arguments after the crime.

It is so decided as per Disposition.