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(영문) 울산지방법원 2020.5.13.선고 2020고단46 판결
특수재물손괴,도로교통법위반
Cases

200 Highest 46 Special Destruction and Damage, and Violation of the Road Traffic Act

Defendant

Preamble (tentative name), 84, South and North Korea, and Company Board

Residential Ulsan

Reference domicile

Prosecutor

Park Jong-young (prosecution), Shin Ho-ho (public trial)

Imposition of Judgment

May 13, 2020

Text

Defendant B shall be punished by a fine of 3 million won. If the Defendant does not pay the above fine, the Defendant shall be confined to the head of the Nowon Station for the period calculated by converting the amount of KRW 100,000 into one day.

To issue an order to pay an amount equivalent to the above fine.

Reasons

Facts of crime

Defendant is a person who is engaged in driving of the above vehicle. Defendant is a person who is driving the above vehicle. Defendant is driving the above vehicle on June 19, 2019, and is driving ahead of the point of the night-dong in Ulsan-gu, Ulsan-gu, about 18:00, with the direction of the SK Sports Center in the direction of the SK Sports Center in the direction of the right-on-driving of the victim Kim ○ line (40 years old) on the left side of Defendant - without the change signal of the vehicle.

Accordingly, the Defendant followed the damaged vehicle, string the horn repeatedly, pushed the damaged vehicle into the right side by breaking the center line, and pushed the damaged vehicle into the right side, and then temporarily stopped before the damaged vehicle. Accordingly, the Defendant, carrying dangerous objects, destroyed the damaged vehicle to the right side side of the Defendant’s driving vehicle with the front part of the damaged vehicle. Accordingly, the Defendant destroyed the damaged vehicle by carrying the dangerous objects so that its repair cost amounting to KRW 2,038,60,000, and caused danger or injury to others.

The summary of evidence (to be omitted)

Application of Acts and Subordinate Statutes

1. Relevant provisions concerning criminal facts;

Articles 369(1) and 366(a) of the Criminal Act, Articles 151-2 and 46-3(a) of the Road Traffic Act

1. Selection of a punishment;

Selection of each fine

1. Aggravation of concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Invitation in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. The reasoning of the provisional payment order under Article 334(1) of the Criminal Procedure Act, including the fact that the defendant led to the crime of this case and is repented, and that there is no criminal record that exceeds the same power or fine, etc., in favor of the defendant, and that the defendant does not seem to have made efforts to recover from damage, such as making an agreement with the victim, etc., taking into account the circumstances unfavorable to the defendant, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances shown in the records, such as the defendant's age, character and behavior, motive, means and consequence of the crime, the decision on the punishment as ordered, should be taken into account as a whole.

Judges

judges or higher,

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