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(영문) 부산지방법원 2018.01.11 2017고정1959

특수재물손괴등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

1. On April 22, 2017, the Defendant was under the influence of alcohol level of 0.060% from blood alcohol level around 08:30, the Defendant driven an Esp-type car at approximately 5km from the road front of the Central Lower-ro 10, south-dong, Busan, to the “D’s apartment” restaurant located in Geum-gu, Busan, for approximately 31 kilometers.

2. The Defendant: (a) was driving a motor vehicle on the two-lane road in front of the “D” restaurant located in the Geum-gu, Busan at the time indicated in paragraph 1 at the time of the day specified in paragraph 1; (b) while driving the motor vehicle on the two-lane road in front of the cafeteria; (c) was proceeding following

G taxi driven by F was changed to another vehicle of the Defendant and tried to overtake the Defendant’s vehicle, and the speed of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string, and

As a result, the defendant carried dangerous goods and damaged the above taxi owned by the victim's monthly transportation company, about KRW 55,630.

Summary of Evidence

1. The defendant's legal statement (paragraph 1 of the holding), part of the legal statement (paragraph 2 of the holding);

1. Statement made by the police with regard to F;

1. A report on detection of a driver at the main place of business (13 pages of investigation records), a statement on the circumstances of the driver at the main place of business (14 pages of investigation records);

1. The actual investigation report on traffic accidents;

1. Each video CD (the 48th, 58th page of the investigation records);

1. Application of the Acts and subordinate statutes of photograph of damage (43 pages of investigation records) and quotations (45 pages of investigation records);

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of drinking), Articles 369 (1), 366 of the Criminal Act (the point of destroying special property), and selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;