beta
(영문) 의정부지방법원 2014.11.19 2014고합345

공용물건손상등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. On September 16, 2014, the Defendant was under the influence of alcohol level of 0.120% from around 16:30 to around 19:58 on September 16, 2014, the Defendant driven a freight truck of one ton of freight to Dribe owned by the Defendant, a quantity of approximately 6.5 km from the front Do of the Gyeonggi-si, Gangwon-do, Gangwon-do, to the national highway No. 75m in the inside-house of Gangwon-do.

2. On September 16, 2014, the Defendant injured by damage to public goods and special obstruction of performance of official duties: (a) at the Defendant’s house in Pyeongtaek-gun C of Gyeonggi-gun, the Defendant, upon receiving a report from the Defendant to commit suicide, fleded and escaped with the front part of the said truck on the ground that the police officers, such as the head of Pyeongtaek Police Station Women’s Juvenile Department E, etc., called out after receiving a notification that the Defendant attempted to commit suicide, including the head of Pyeongtaek Police Station, posted the foregoing rib truck on the ground that he/she would restrain himself/herself.

After that, the Defendant escaped for about 15 minutes on the face of Yancheon-gun, 19:58 on the same day, and came to be a national highway No. 75 near the Maddong-gun, Gangwon-do, Gangwon-do. On the same day, the Defendant obstructed the above patrol vehicles on board the police officers, and damaged the above police vehicles, which are public goods, for repair costs of KRW 2,533,837, and at the same time, damaged the above police vehicles, which are goods for public use, for repair costs of KRW 2,533,837, which are dangerous goods, by assaulting the police officers of the above E in order to perform the duties of criminal investigation and criminal control by using the cargo trucks, and suffered injuries, such as catitis, which requires two-way therapy treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Documents to report 112 cases;

1. Report on the circumstances of the driving of a motor vehicle under consideration, report on detection of the motor vehicle under consideration, and data on drinking measuring instruments;

1. A criminal investigation report (investigation into the spot) and an on-site photograph attached thereto;

1. Written estimate to accept insurance;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The main sentence of Article 144(2) and Article 144(1) of the Criminal Act, Article 136(1) of the same Act concerning the crime (the crime causing obstruction of the performance of special duties) and Article 141 of the Criminal Act.