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(영문) 대전지방법원 2015.08.27 2015고단2011
재물손괴등
Text

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

except that 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 June 4, 2015, the Defendant, at around 08:20, driven a light apartment 130-dong, which was located in the Daejeon Pungdong, without obtaining a driver’s license in approximately 2.5 km section, from the 130-dong parking lot to the 130-dong light apartment 130-dong parking lot.

2. On June 4, 2015, the Defendant: (a) around 08:25, the Defendant: (b) was threatening to take the vehicle from the police vehicle while driving the vehicle in front of the Seocho-gu, Chungcheongnam-gu, Daejeon; and (c) was likely to control the vehicle by driving without a license, and (d) even though the said vehicle was set off at the above fare station for the settlement of the fee, the Defendant destroyed the vehicle by driving the said vehicle as it is, and then, (c) was destroyed by the Defendant’s blocking with the roof of the said vehicle, so that the amount of repair costs equivalent to KRW 400,000,000 at the market price is sufficient.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Relevant Article of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 36 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Taking into account all the conditions of sentencing, including the following factors: (a) compliance with the suspended sentence: (b) compliance with Article 62(1) of the Criminal Act; (c) compliance with the sentence; (d) compliance with the punishment of the victim related to the crime of causing property damage; (e) failure to punish the victim; and (e) motive and circumstance leading to the crime; (e) the degree of actual damage; and (e)

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