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(영문) 서울서부지방법원 2018.04.17 2017고정1569

특수재물손괴

Text

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

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

Reasons

Punishment of the crime

Around 08:40 on May 31, 2017, the Defendant driven a BSM6 passenger car (hereinafter referred to as “seaing vehicle”) and driven a four-lane road near the Hannam-dong, Yongsan-gu, Seoul (hereinafter referred to as “instant road”). While the victim C proceeding three-lanes while driving a DK9 passenger car (hereinafter referred to as “victim”), the victim C attempted to walk in the front of the Defendant, who would not yield to the future while driving a cab car on the front of the Defendant.

Accordingly, the Defendant moved to the damaged vehicle, which is a dangerous object, to the damaged vehicle driving by the victim, and received a part of the back part of the damaged vehicle in front of the left side of the damaged vehicle, from the back part of the damaged vehicle, and damaged the damaged vehicle to repair the damaged vehicle amounting to KRW 472,283.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. C Witness’s testimony;

1. A written reply to a request for appraisal (2017-M-21052), and a written estimate for repair;

1.The report of internal investigation (the receipt of the case), investigation report (the suspect and the victim's assertion), investigation report (the confirmation of the damage of the DNA damaged vehicle), investigation report (the confirmation of the damage of the vehicle before B), investigation report (the response of the results of the appraisal by the National Scientific Investigative Research Institute);

1. Application of the laws and regulations governing fluor, fluor, fluor, fluor, fluor video CDs;

1. Relevant provisions of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning the choice of punishment;

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

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is that the Defendant, at the time of the instant case, was negligent in driving a harming vehicle by negligence, and there is a fact in the future in the damaged vehicle, but it does not intentionally commit such act.

2. Determination damage.