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(영문) 광주지방법원 2019.01.17 2018고단3639

공용물건손상

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2018 Highest 3639] From around 01:08 on August 7, 2018 to around 01:12 on the same day, the Defendant: (a) at the Naju Police Station light patrol box, from around 01:12 on the same day, sent a witness and speak for the dissatisfaction that was arrested due to the suspicion of fraud that did not pay the food value; (b) at this point, the Defendant opened plastic coordinates for which the market price cannot be known as a toilet; and (c) opened the plastic line for the disabled with the hack pipe, four auxiliary boxes for the prevention of danger and injury in the police box; and (d) opened it by asking at least four parcels for the prevention of danger and injury in the police box, and caused damage to public goods used by public offices, thereby impairing its utility.

[2018 Highest 4669] The Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) in the Gwangju District Court's support on January 5, 2007. On August 22, 2008, the Defendant was issued a summary order of 1.5 million won by the Gwangju District Court on August 22, 2008.

On October 2, 2018, at around 21:24, the Defendant driven B truck under the influence of alcohol with a blood alcohol concentration of about 0.06% from the 11km section to the front road of the lower intersection of the water in the same Gun, from the French road located in the west-gun, Chungcheongnam-do, Seoul Special Metropolitan City to the lower road.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

[2018 Highest 3639]

1. Statement by the defendant in court;

1. Statement to C by the police;

1. A report on internal investigation (damage to goods for public use) (2018 Highest 4669);

1. Statement by the defendant in court;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and inquiry into the results of crackdown on drinking;

1. References to criminal records, summary orders, and application of statutes governing judgment;

1. Relevant Article of the Criminal Act, Article 141 (1) of the Criminal Act (a point of damage to public goods), Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (a point of sound driving) of the Road Traffic Act, the choice of imprisonment for a crime;

1. Aggravation for concurrent crimes;