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(영문) 수원지방법원 성남지원 2016.04.01 2016고단175
공용물건손상등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 2, 2016, the Defendant: (a) driven a Bpad car with approximately two meters alcohol content of about 0.108% while under influence of alcohol on the road in front of the 194-14-dong, Hacheon-dong, Hannam-si, Hacheon-do, Hacheon-do.

2. On January 2, 2016, the Defendant damaged public goods: (a) went out of the above zone to avoid smoking tobacco while waiting voluntarily for a violation of road traffic laws (driving under drinking), such as paragraph (1), at the south south of the police station located in the 66-ro, the Hannam-si, the Hannam-si, the Hannam-si, the Hannam-si, the lower court: (b) went out of the above zone; and (c) later, “I drank alcohol”

The market price of the bulletin board installed in front of the said earth by drinking sound shall be 52,800 won in glass installed in front of the said earth.

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. C’s statement;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Written estimate;

1. Application of the statutes on glass photographs of damaged bulletin boards;

1. Relevant legal provisions and Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of drinking alcohol) concerning criminal facts, Article 141(1) of the Criminal Act (the point of damaging goods for public use) and the choice of imprisonment (the following sentencing shall be considered in light of the extenuating circumstances).

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered in light of the favorable circumstances in the light of the attention);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended sentence;

(a) Where the scope of punishment recommended for a crime that damages goods for public use [the scope of punishment recommended] is minor in the area of mitigation (six months to one year and six months), in the area of mitigation (six months to one year and six months), and the value of goods invalidated and destroyed for public use;

(b) Offenses of violation of traffic laws on roads: No sentencing criteria shall be set;

(c) Scope of the recommended punishment based on the standards for handling multiple crimes: At least six months (the sentencing criteria set for each of the above crimes shall be set after handling multiple crimes.

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