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(영문) 대전지방법원 2016.10.06 2015고단4180

공용물건손상등

Text

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

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

Reasons

Punishment of the crime

1. On September 21, 2015, the Defendant: (a) while driving a DNA dalb from the Daejeon Seo-gu CV distance on September 21, 2015, the Defendant used the dalb to take a bath by becoming the victim E (34 years of age) who is a driver of a motor vehicle; and (b) assaulted the victim at one time due to drinking alcohol while driving a horse fighting.

2. 도로교통법위반(음주측정거부) 피고인은 전항과 같은 날 23:15경 전항 폭행죄의 현행범인으로 체포되어 인치된 대전유성경찰서 F파출소에서 경위 G로부터 피고인에게 술 냄새가 나고 얼굴에 홍조를 띄는 등 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있어 약40분에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주측정에 응할 것을 요구받았음에도, 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 정당한 사유 없이 경찰공무원의 음주측정에 응하지 아니하였다.

3. The Defendant injured public goods at the time, time, and place of the preceding port, and expressed a desire to the police officers by doing self-injury to the Defendant, and thus, the police officers took a bath to the Defendant that it is difficult for the Defendant to lock the lock and lock their arms, thereby causing inconvenience to their body. The Defendant added an article equivalent to KRW 2.40,00 in total at the market price by destroying a book attached by a monitor, etc. used by the said police box, etc.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Legal statement of the defendant at the second trial date;

1. Each statement of E and H;

1. Reporting on the arrest of a case;

1. A report on investigation;

1. Investigation report with respect to the details of enforcement;

1. The circumstantial statement of the employee;

1. Application of the written estimate statutes;

1. Relevant Article 141(1) of the Criminal Act (amended by Act No. 1416, Mar. 1, 200) of the Act on the Punishment of Criminal Crimes, the choice of a fine), Article 260(1) of the Criminal Act (amended by Act No. 1426, Feb. 14