A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

1. 특수 재물 손괴 피고인은 2015. 12. 20. 20:55 경 안산시 단원구 B 앞길에서 피고인의 C 벤츠 승용차를 정 차시킨 후 차량에서 내려 길가에 서 있던 중 피해자 D의 E SM7 승용 차가 피고인 승용차 앞에 비상등을 켠 채 정 차하였다는 이유로 화가 나 위 벤츠 승용차의 트렁크를 열어 그곳에 있던 위험한 물건인 골프채를 꺼낸 후 피해자의 SM7 승용차에 다가가 골프채로 SM7 승용차의 앞 유리, 본 넷, 후미 등 등을 수회 내리쳐 깨뜨려 SM7 승용차를 수리 비 3,115,757원 상당이 들도록 손괴하였다.

2. On December 20, 2015, the Defendant violated the Road Traffic Act (Refusal of measurement of drinking), on the date and time set forth in paragraph (1), and at a place set forth in paragraph (1), arrested the police officer called out after receiving a report of 112 from among the persons who were suffering from disturbance as above, and subsequently driven under the influence of alcohol by the Defendant’s walking from G while under the influence of alcohol, such as red, long-distance and high blood color.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 25 minutes into a drinking measuring instrument.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for alcohol testing without any justifiable reason.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. A protocol concerning the examination of suspect of the defendant;

1. Statement made by the police against D;

1. On-site photographs (such as evidence), each investigation report, related CDs (operation figures and damaged pages), and related photographs;

1. Notification of the results of regulating the driving of drinking, the situation report of the driver of drinking, and the ledger of using the measuring instruments for drinking;

1. Application of the relevant Acts and subordinate statutes to a written estimate 1, a protocol of seizure and a list of seized articles;

1. Article 369(1) and Article 366 of the Criminal Act applicable to the facts constituting an offense (a point of special property damage) and Articles 148-2(1)2 and 44(2) of the Road Traffic Act (a point of driving under the influence of alcohol);

1. Selection of each sentence of imprisonment;

1. Aggravation concurrent crimes;