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(영문) 대전지방법원 홍성지원 2014.03.26 2014고단83
재물손괴등
Text

A defendant shall be punished by imprisonment for six 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

1. On July 18, 2013, the Defendant: (a) around 01:20 on July 18, 2013, the Defendant: (b) got together with the victim C while drinking together with the Red Park 111, located in the Hong-gun Hong-gun, Hongsung-gun, Hongsung-gun, Red-gun, 111; and (c) had a dispute after drinking with the victim C; and (d) the victim got a cab in his house, and (e) had a cab, the Defendant destroyed the victim’s property by gathering the Samsung Ggggal ju S3 smartphone in an amount equivalent to KRW 379,

2. On July 18, 2013, from around 01:00 to around 05:00, the Defendant driven a Da SM5 vehicle under the influence of alcohol on several occasions from the front edge of the “stoke shock” route from around 7, 1159-h, Hong-gun, Hongsung-gun, Hongsung-gun, to the front side of the “stoke shock” route from around 3km to the front side of the “stoke restaurant” in the same Eup/Myeonro 1571.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

1. Relevant Article of the Criminal Act and damage and damage to property of the choice of punishment for the crime: Article 366 of the Criminal Act (Selection of Imprisonment): Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act (Selection of Imprisonment);

1. From among concurrent crimes, aggravating concurrent crimes within the scope of the sum of the long-term punishments as determined by the crime of causing property damage which is more severe penalty and the subsequent punishment pursuant to the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Provided, That the lowest sentence shall be the penalty determined by the crime of violating the Road Traffic Act;

【】

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. As to the crime of destroying and damaging property committed by the defendant on the grounds of sentencing Article 62-2 of the Criminal Act, the amount of damage is relatively minor and the victim does not want to punish the defendant.

The drinking driving is very dangerous that may cause fatal damage to the life and body of the driver as well as the driver.

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