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(영문) 수원지방법원 2018.02.08 2017고단8615

특수재물손괴등

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 19, 2017, the Defendant violated the Road Traffic Act (drinking) driven a EKaren car under the influence of alcohol of about 0.155% of alcohol content in a section of approximately 500 meters from the 10:30-on-on-road Suwon-si, Suwon-si, Suwon-si to the 621-on-on-water distance from the 600-on-road (dacting-on-road).

2. Destruction of special property and special assault: around 10:34 on December 19, 2017, the Defendant: (a) from the 621-free street of Suwon-gu, Suwon-si, Suwon-si; (b) from the G car driven by the victim F (43 tax) and the vehicle line due to the change of the vehicle line, the Defendant is divided into two parts; and (c) the Defendant’s vehicle’s trokele aluminium-free hole, which is a dangerous object in the between the two vehicles of the Defendant.

the cargo was loaded with the damaged vehicle;

Along with a power plant equivalent to KRW 1,800,000, there was a damage to the property equivalent to KRW 2,100,028 in total due to the occurrence of approximately KRW 300,028 of the repair cost by putting the chief door of the victim's vehicle flashing.

The defendant continued to display a view to the driver's seat while attracting the victim, and then tried to pricing the victim with the view to facing the view to the view of the victim, but the victim gets off the defendant's arms, and the victim gets off the victim by hand.

Accordingly, the defendant carried dangerous objects and damaged the victim's property, and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Drinking result;

1. A report on the detection of a primary driver;

1. Each statement of F and H prepared;

1. Each investigation report (Attachment of a quotation or cell phone image);

1. On-site and damaged photographs;

1. Application of Acts and subordinate statutes to the records of seizure (voluntary submission), list of seizure, and photograph of seized articles;

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking), Article 369 (1), Article 366 of the Criminal Act (the point of special property damage), Articles 261 and 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The aggravated Criminal Act for concurrent crimes.