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(영문) 인천지방법원 2018.12.14 2018고단5881

공용물건손상등

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

【Criminal Records of Crimes】 On December 22, 2014, the Defendant was issued a summary order of KRW 3 million for a crime of violating road traffic laws at the Seoul Western District Court, and a summary order of KRW 3 million for the same crime at the Jung-gu District Court on November 2, 2015, respectively.

[Criminal Facts]

1. On June 17, 2018, the Defendant driven a Frodi vehicle under the influence of alcohol content of about 0.184% in a section of about 50 meters from the front of the D History in Jung-gu Incheon Metropolitan City to the front of the same Gu, Jung-gu.

2. The Defendant damaged public goods and caused a traffic accident in front of the Jung-gu Incheon Metropolitan City, Jung-gu, Seoul, the day set forth in paragraph 1.

The reason that the police officer G, upon receiving a report 112, demanded the Defendant to take a alcohol test, was that the police officer G, who was called the 112 report, caused damage to the extent that the repair cost equivalent to KRW 454,678, as he saw the back of the H patrol police officer boarding the above police officer, caused damage to the extent of the repair cost.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A survey report on the actual condition and a statement on the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving and notification of the results of crackdown on drinking driving;

1. Photographs and estimate of vehicles;

1. A previous conviction in judgment: A written reply to inquiry, such as criminal history, (A), a report on investigation (Attachment of a summary order related to the same kind of force as the suspect), and application of two summary orders;

1. Relevant Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018); Article 141(1) of the Criminal Act (amended by Act No. 15530, Mar. 27, 201); Articles 141(1) of the Criminal Act (amended by Act No. 15530, Mar. 27, 201); the choice of imprisonment

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the aggregate of the long-term punishments of the above two crimes) provided for the crime of injury to goods for public use with heavier punishment.