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(영문) 서울남부지방법원 2020.08.11 2019고단6363

특수재물손괴

Text

A defendant shall be punished by imprisonment for six 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 November 10, 2019, at around 20:57, the Defendant driving a B B Poter, and driving one lane from among three-lane roads in front of Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu to the new road distance from the edge of the D second intersection, the Defendant: (a) while driving a F bus owned by the Victim E Co., Ltd. on the ground that the freight vehicle of the Defendant gets off and take a bath for the said bus, the freight vehicle of the Defendant gets down to the two-lane, the next rapid operation of the G bus driven up to the next two-lane, on the ground that he gets back the freight vehicle driven by the Defendant in the front part of the bus driven by G.

Accordingly, the defendant carried dangerous goods and damaged the bus owned by the victim to be 447,200 won for repairing expenses.

Summary of Evidence

1. Partial statement of witness G;

1. Examination protocol of the accused by prosecution;

1. Report on the occurrence of a traffic accident;

1. A vehicle repair estimate;

1. Nene map;

1. Blue boxes and on-siteCCTV CDs;

1. The defendant and his defense counsel asserted that the defendant changed the lane from the first lane to the second lane for the purpose of bypassing the vehicle, and there was no intention to damage the victim's vehicle. Rather, the victim was aware of the fact that the vehicle was operated by the defendant and intentionally received the vehicle of the defendant.

According to the evidence duly adopted and examined by the court, there was a dispute between the defendant and the victim, such as moving the vehicle into a two-lane due to an accident in which the victim's vehicle has contacted with the victim's vehicle. After that, the victim's vehicle entered a three-lane by righting from the three-lane to the two-lane. The defendant's vehicle immediately enters the three-lane by righting the victim's vehicle and immediately moving into the two-lane by righting the two-lane, and the defendant's vehicle is accelerated immediately after entering the two-lane.