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(영문) 창원지방법원 2017.08.24 2017고단1949
공용물건손상등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 5, 2017, the Defendant, while under the influence of alcohol 0.201% in blood at around 20:10 on May 5, 2017, driven a C-learning car at a distance of about 400 meters from the Do in front of the Gosan farm in Changwon-gu, Changwon-si to about 27-ro 27 meters in the same vision.

2. On May 5, 2017, at around 21:40, the Defendant damaged public goods, as prescribed in paragraph (1), voluntarily accompanied the office of the Transport Investigation Team at the Changwon Police Station, which was controlled by drinking, to investigate a traffic accident, and subsequently damaged the repair cost of KRW 190,00,00 by making use of the DNA Grand Sheet, which was parked at the above police station parking lot, and used in the transportation management system at the Changwon Police Station at the above police station parking lot.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

The application of the law of the police vehicle damaged by the defendant's written statement of the situation report of the driver

1. Relevant Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 141 (1) of the Criminal Act (the point of damaging goods for public use) of the Criminal Act, and the selection of imprisonment with prison labor, for criminal facts;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Quantity (the damage to public goods was compensated, the damage was first committed, and the damage was divided).

4. Article 62 (1) of the Criminal Act on the suspension of execution (the same shall apply to the grounds for reduction of quantity);

5. The community service order under Article 62-2 of the Criminal Act;

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