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(영문) 대구지방법원 서부지원 2018.12.11 2018고단1376

재물손괴등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On April 15, 2018, the Defendant damaged the property by taking over the telegraphic poles owned by the Victim E, Co., Ltd., Ltd., which were installed on the right side of the said cargo vehicle while driving the CPoter II truck on the road in front of the Seongbuk-gun Village, Seongbuk-gun, Seongbuk-gun, and the Defendant was driving the Cpoter II truck. As such, the Defendant destroyed the said telegraphic poles by taking over the telegraphic poles owned by the victim E, Co., Ltd., which were installed on the right side of the said cargo vehicle, in front of the said cargo vehicle.

2. On April 15, 2018, the Defendant driving the said cargo vehicle without a driver’s license from the front of the “G” road located in the Daegu-gun F, Daegu-gun, to the front of the “B Village” road, around approximately 20km from April 15, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each statement of H and D;

1. The driver's license ledger;

1. Application of statutes on site photographs;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, Article 50, and the proviso of Article 42 of the Act on Special Cases Concerning the Settlement of Traffic Accidents following Death in the past are subject to the punishment of eight times repeatedly for a violation of road traffic laws, drinking, or unlicensed driving without a license, without any among the persons who have been suspended from the execution of the sentence, even though the Defendant was subject to a suspended sentence of imprisonment due to a violation of

In particular, since the Defendant was punished for driving a motor vehicle in 2012, the Defendant was punished for driving a motor vehicle without a license on several occasions in the name of the Defendant, even though he/she did not have re-acquisition the driver's license.

In addition, the damage of the property of this case is a cargo vehicle without taking necessary measures to transfer the cargo vehicle to the right side of the cargo vehicle which the defendant had a dispute with his spouse while driving.