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(영문) 부산지방법원 2016.10.13 2016고단3731

특수재물손괴등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. Special property damage: (a) around 15:00 on June 10, 2016, the Defendant driven a CSS5 car to drive the CSS5 car and driven the road in front of D (ju) located in the Gu breakwater in the direction of the Gu breakwater from the direction of the Gu breakwater. On the warehouse located on the right side of the Defendant’s driving direction, the victim FF driven G 24 tons into the left side at the right side of the Defendant’s driving direction, and obstructed the Defendant’s course from the Defendant’s driving, and subsequently, the Defendant stopped the victim’s cargo vehicle to the Defendant’s vehicle, which is a dangerous object by passing the victim’s cargo vehicle and stopped the vehicle to prevent the victim from driving the victim’s cargo vehicle along the Defendant’s vehicle, and damaged the Defendant’s left side part of the Defendant’s passenger vehicle to take the front part of the victim’s cargo vehicle and to take about approximately KRW 645,766 won

2. Violation of the Road Traffic Act (Unlicensed Driving) was driven by the Defendant without a driver’s license for the said SM5 vehicle from the vicinity of the Haak-gu Busan Metropolitan City on a temporary basis to the roads in front of E (ju) located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The driver's license ledger;

1. Application of the written estimate statutes;

1. Relevant provisions of the Criminal Act, Articles 369 (1) and 366 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act, the choice of imprisonment for a crime;

2. The reason for the sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] shall be habitually repeated crimes, special damage and destruction [the scope of recommending punishment], and Article 1 (Habitual Cumulative Offense, Cumulative Offense, Special Damage, etc.) ( compliance with the lowest limit of recommending punishment because it overlaps with crimes that have not been set the sentencing guidelines for April to October) [special mitigation], where punishment is not imposed (including serious efforts to recover damage) or significant damage has been restored [the decision of sentencing], where there are several punishments due to drinking or unlicensed driving, and there are three instances of punishments subject to suspended sentence or more, using a relative driver during drinking driving.