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(영문) 의정부지방법원 2016.04.22 2015고단4817
특수재물손괴등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On September 2, 2015, the Defendant: (a) reported that the victim E, the principal owner of the above restaurant, who was equipped with a stop in the restaurant, would disregard himself/herself of the defect in the restaurant; (b) returned from the restaurant to the restaurant on September 2, 2015; and (c) returned the victim’s phone to the phone, thereby falling short of the stop of the stop from now to now.

Maspool spools shall be discarded.

It is not a farming wall.

cc. h. H. H. H. H. H. H. H. H.

A. Following sending the voice message “,” driving Fable truck, which received favorable doors, etc. in the victim restaurant by driving the Fable truck.

Accordingly, the defendant carried dangerous articles and damaged the repair cost of 600,000 won.

2. A violation of the Road Traffic Act (drinking driving) driving a Fable truck under the influence of alcohol with approximately 4.5m alcohol concentration of about 0.138% at a section of approximately 4.5m from the front of a restaurant located in the Mancheon-si, Man-si, Man-si, Man-si, Man-si, to the front of a 'D' restaurant located in C at the same time, at the time of the day specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Written estimate and on-site photographs;

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

1. Each investigation report (the suspect's body weight and minority description related to the direction of the prosecutor, the application of the above dmark formula related to the direction of the prosecutor, the application of the above dmark formula) legislation;

1. Relevant legal provisions of the Criminal Act, Articles 369(1), 366 of the Criminal Act (the point of destroying special property, the choice of imprisonment), Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment);

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The Defendant, while under the influence of alcohol, destroyed a truck with the glass door, etc. at the victim’s restaurant while driving the truck, which is a very dangerous act; and the blood alcohol concentration is relatively high.

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