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(영문) 수원지방법원 안산지원 2017.12.13 2017고단2801

특수재물손괴등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 12, 2012, the Defendant was sentenced to a fine of KRW 5 million due to a violation of road traffic law (drinking) in the support for the development of a water source method, and a fine of KRW 2.5 million due to a violation of road traffic law in the same court on April 30, 2015.

1. On May 28, 2017, the Defendant damaged the market’s property, such as leaving a restaurant operated by the victim C (V, 47 years old) located in Ansan-si, Asan-si on May 28, 2017, on the ground that the Defendant did not communicate by telephone, such as leaving a knick (230cm in total length, 190cm in length) with a glass wall (205cm in width), which is a dangerous object (205cm in length, 230cm in length).

2. Defendant 1 driving a Poter freight in the state of 0.110% alcohol concentration in blood with a distance of about 1m from the street in front of D located in Ansan-si, Ansan-si, an Ansan-si, the city of Ansan-si, as described in the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. On-site photographs;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Articles 148-2(1)1 and 44(1) of the Road Traffic Act, and the choice of imprisonment, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the lowest sentence shall be applicable to the crimes of violating the Road Traffic Act (driving)];

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the confession and reflect of the defendant, the driving distance is short, the agreement with the victim of damage to property is reached, and the defendant has no criminal record exceeding the fine);

1. An order to attend a course under Article 62-2 of the Criminal Act;