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(영문) 대구지방법원 상주지원 2016.09.20 2016고단290

특수재물손괴등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the friendship of the victim B.

1. On June 9, 2016, around 09:50, and around 14:40, the Defendant destroyed property equivalent to 300,000 won at the market price by driving the E-wit truck, which is a dangerous object to the Plaintiff, on the ground that the victim does not have to pay his/her money, in D operated by the injured party of the interest-gu, Young-si, Young-si, the Defendant damaged the said glass, etc. by driving the E-wit truck, which is a dangerous object to the Plaintiff, to the front door and the front door of the said business.

2. On June 9, 2016, the Defendant: (a) driven a vehicle while under the influence of alcohol with approximately 0.225% alcohol level from the parking lot for the foregoing establishment up to the entrance door; (b) around 14:40 on June 9, 2016, the Defendant driven a vehicle while under the influence of alcohol leveling 0.225%.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to make a statement on the circumstances of driving at home, a report on detection of drivers at home, the numerical value of alcohol measurement, and an investigation report;

1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Articles 148-2(2)1 and 44(1) of the Road Traffic Act, and the choice of imprisonment, respectively, for the crime;

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 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act that a victim does not want the punishment of the defendant, and the circumstances leading to the instant crime, etc. shall be considered);