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(영문) 대전지방법원 2014.10.17 2014고단2397

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

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A defendant shall be punished by imprisonment for not more than ten 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 June 13, 2008, the Defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act at the Daejeon District Court on June 13, 2008, and was sentenced to a fine of 2.5 million won by the same court on December 13, 201.

1. Around March 19, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc. destruction and damage) caused by the breakdown of a vehicle, problems with customers, etc. in the KF parking lot located in the JJ in Seosan-si, Seosan-si, the Defendant repeated the progress and progress with the Defendant’s operation of the dangerous object into the BMW car, and damaged the Defendant’s Uibane case, which is installed in that place, to the sum amounting to KRW 69,369,00 for repair costs.

2. The Defendant violated the Road Traffic Act (MMW car) at the same time and place as Paragraph 1, and operated a MW car with a blood alcohol concentration of 0.138% under the influence of alcohol at approximately 10 meters, such as Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. An accident site photograph;

1. Report on the entry into an employer and circumstantial statement;

1. A copy of a written estimate;

1. Previous conviction: Application of the Acts and subordinate statutes to which a copy of inquiry report and summary order is attached;

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 366 of the Criminal Act, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [within the scope of the sum of the long-term punishments of the two crimes];

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., agreement, details of crimes, etc.);

1. Article 62 (1) of the Criminal Act;