특수재물손괴등
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On January 13, 2012, the Defendant was sentenced to a fine of seven million won for a violation of the Road Traffic Act (driving) at the Ulsan District Court on May 13, 201; on May 13, 2013, the same court issued a summary order of a fine of three million won for the same crime; on June 18, 2010, the same court was sentenced to a suspended sentence of one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (traffic Violence, etc.) and was sentenced to a total of nine times.
【Criminal Facts】
On October 8, 2018, at around 16:00, the Defendant requested repair from the Defendant at the Defendant’s residence located in the Southern-gun B, Namnam-gun, the boiler broken out and called “D” operated by C. However, C, the Defendant saw the Defendant’s boiler to the effect that it cannot be repaired because the boiler was the stoves products of the boiler, water s to the boiler floor, and water s to the boiler room, so there is a danger of shock.
1. Around October 23, 2018, the Defendant violated the Road Traffic Act (driving) driven a FNV motor vehicle at a 1km section from the front of the Defendant’s house located in Gyeongnam-gun, Namnam-do to the “D” located in Gyeongnam-gun E while under the influence of alcohol by 0.14% of alcohol level around 23:10 on October 23, 2018.
As a result, the defendant has violated Article 44 (1) of the Road Traffic Act not less than twice and has driven a motor vehicle under the influence of alcohol in violation of this provision.
2. On October 8, 2018, at around 23:15, the Defendant: (a) was refused to repair the boiler operated by the victim C in South-west Sea E; (b) was collected from the victim the brick (a) which is a dangerous object (20cm, 8cm, 7cm in height, 30cm in height) and the powder (30cm in length). Around October 23:15, 2018, the Defendant broken down the “D”, which is operated by the victim C, in the south-west Sea E.
Accordingly, the defendant carried dangerous articles and damaged the victim's property in a total of 700,000 won.
(i) the evidence;