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(영문) 수원지방법원 성남지원 2018.06.19 2018고단515
특수재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 12, 2006, the Defendant was sentenced to a suspended sentence of 4 months for a crime of violating the Road Traffic Act in the Seoul Southern District Court on December 12, 2006, and was sentenced to a summary order of 2 million won as a crime of violating the Road Traffic Act at the Incheon District Court on September 30, 2013.

1. On February 15, 2018, the Defendant: (a) at D’s “D” located in Seongbuk-gu, Manam-si, A around 15:50 on February 15, 2018, the Defendant: (b) found that the Defendant parked in front of the said place reported that the Defendant was posted with a StM6 car with a StM6 car without any reason; (c) and (d) destroyed the gate (15cm in width, 8cm in length, 230cm in width, 2100,000 won in the market value of the victim’s 70,000,000 won in the cosmetic-gu; and (d) reported that the Defendant was able to wear a shoulder for violating parking regulations on the said cosmetic6 car; and (e) caused any damage to each of the above cosmetic electronic boards (63cm in width, 63cm in length, 63cm in length).

2. On February 15, 2018, the Defendant driven an E QM6 vehicle under the influence of alcohol content of about 0.071% from the 10-meter section from the 5401nd road of Sung-dong, Sungnam-dong, 5618 to the 5618nd road.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. A written statement of the victim;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Investigation report (Submission of a written estimate and application for carbon of the victim subject to special damage);

1. Previous convictions: The results of inquiry about criminal history and the application of Acts and subordinate statutes for investigation reports;

1. Relevant Article 148-2(1)1, Article 44(1) of the Road Traffic Act (the point of drinking alcohol), Articles 369(1), 366 of the Criminal Act (the point of destroying special property), and Article 148-2(1)1, and Article 44(1) of the same Act concerning the facts constituting an offense, and the choice of imprisonment, respectively.

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