공용물건손상등
A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On June 13, 2015, at around 12:15, the Defendant damaged the public object by spreading a studio, which is a public object of KRW 102,200, which is installed on the back of the driver’s seat of the patrol car No. 5 E, which is located on the front of the Seoul Dongdaemun-gu Seoul Metropolitan Government “C convenience store”, in order to arrest the Defendant as a quasi-flagrant offender in violation of the Road Traffic Act (driving) on the front of the “C convenience store” on the road in Dongdaemun-gu Seoul Dongdaemun-gu.
2. On the same day, the Defendant was arrested as a quasi-flagrant offender in violation of the Road Traffic Act at the traffic center in Dongdaemun-gu, Seoul, Dongdaemun-gu, 696 Seoul Police Station in Dongdaemun-gu, Seoul, and was demanded to comply with the drinking test by inserting approximately 30 minutes of the influence measuring instruments during the influence of alcohol, on the grounds that there are reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as snow snowing and photographing face of the above D, etc.
그럼에도 피고인은 땅에 뒹굴고 소리를 지르면서 소란을 피우는 등 음주측정을 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.
Summary of Evidence
1. Defendant's legal statement;
1. A written report from an employee of an employer;
1. A report on the actual state of the driver;
1. Each investigation report (the report on June 13, 2015, the analysis of images, and the conversation of witnessesF);
1. Written estimate;
1. Application of Acts and subordinate statutes governing patrols and photographs;
1. Relevant legal provisions of the Criminal Act, Article 141(1) of the Criminal Act (a point of damage to public goods), Articles 148-2(1)2 and 44(2) of the Road Traffic Act (a point of refusal of measurement of noise), the choice of imprisonment for a crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of recommendations [the range of recommendations].