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(영문) 대구지방법원 김천지원 2016.07.15 2016고정230

특수재물손괴

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 24, 2015, at around 18:17, the Defendant driven a D1 ton cargo vehicle on the front side of the C Mt in the city C, Sinsi B, and proceeded along two lanes at the seat of the main station, and then, the Defendant changed the course to the F tourist bus driven by the victim E (66 years old) who proceeded along one lane on the same side as the main station, caused the victim to see his left hand with the window of the driver's seat and take a bath to each other.

The Defendant suspended the bus of the victimized person, but the injured person did not stop the bus, but the part of the bus, which was loaded on the right side of the cargo vehicle, was collisioned with the front pent of the bus driver.

Accordingly, the defendant damaged the bus operated by the damaged person using dangerous goods, which is the repair cost of KRW 1,057,626.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to report internal investigation (in the event of on-site photographs and face photographs of the destruction of property), and each investigation report (in the event of a victim's boom image fluor, and a estimate for the damaged vehicle);

1. Relevant statutory provisions on criminal facts, Articles 369(1) and 366 of the Criminal Act on the choice of punishment, and the choice of fines (a person who drives a damaged vehicle on the ground that it was in the course of driving) causes a traffic accident in the future, and thus, is highly likely to commit an act, and is also highly likely to commit an act.

The defendant has been punished by a fine even before he/she had escaped from a traffic accident.

Considering the above circumstances, the amount of fine in a summary order is determined to be appropriate, and thus, the punishment is determined as per Disposition)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;