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(영문) 대구지방법원 2020.08.11 2020고단2349
공용물건손상등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

[criminal power] On October 10, 2012, at the Daegu District Court, the Defendant issued a summary order of KRW 4 million as a crime of violation of the Road Traffic Act, and KRW 2 million as a fine in the same court on March 13, 2018, respectively.

【Criminal Facts】

1. On March 16, 2020, the Defendant violated the Road Traffic Act (refluence of the noise measurement) at around 23:15, 2020, the Defendant was required to comply with the alcohol measurement at intervals of 5 minutes in a manner of injecting the alcohol measuring instrument three times at intervals of 5 minutes, on the grounds that there are reasonable grounds to recognize that he was driving under the influence of alcohol, such as making a fluence from the mitigation E belonging to the Gangnam Police Station D while driving a SS5 vehicle on the alley side of the Daegu North-gu B apartment.

Nevertheless, the defendant, "I must not engage in weather and measurement as math, and all police officers are subject to the ethm," and the defendant did not comply with a police officer's request for a drinking test without any justifiable reason.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. On March 16, 2020, at around 23:55, the Defendant damaged public goods, without any appraisal in the status of being arrested in flagrant offenders for the same reason as described in paragraph (1), at the D office of the Daegu Gangseo-gu Police Station D office located in 130, Daegu Northern-gu, Daegu, 130, and shouldered one set of table glass equivalent to KRW 120,000, the market price of the Defendant’s head at the above office.

Accordingly, the defendant has harmed the utility of documents or other things used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. The circumstantial statement of the driver, the investigation report, the internal investigation report (with respect to refusal to measure sound), the investigation report (with respect to the part damaged by the table glass), the related photograph and estimate; and

1. Previouss before ruling: Criminal history records and investigation reports (formers and confirmations) shall be applied to Acts and subordinate statutes;

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