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(영문) 수원지방법원 평택지원 2016.06.29 2016고단748
공용물건손상등
Text

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

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.

Reasons

Punishment of the crime

1. On February 28, 2016, the Defendant was under the influence of alcohol, such as drinking alcohol, smelling, drinking alcohol, and drinking alcohol, on the roads front of the C stations in Pyeongtaek-si B, while driving a Dexton car in a drunken condition, and driving a motor vehicle under the influence of alcohol, from the slopeF belonging to the Pyeongtaek-si Police Station E box called at the site upon receiving a report 112, the Defendant was under the influence of alcohol.

There was a considerable reason to suspect that the drinking-free measuring instrument was not put into the drinking-free measuring instrument even though it was requested three times in total.

Accordingly, the defendant did not comply with the police officer's measurement without any justifiable reason.

2. The Defendant damaged public goods, at the time and place specified in the foregoing paragraph 1, was requested by F to measure drinking by the said police officer F, and was accompanied by plucking, plucking, plucking, and plucking up the part of the G patrol car used by the E box in the Pyeongtaek-gu Police Station E box, to have the amount of 60,500 won for repair.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Written estimate;

1. Application of each statute on photographs;

1. Relevant legal provisions of the Criminal Act, the choice of punishment, and the choice of imprisonment under Article 141(1) of the Criminal Act (a point of damage to public goods), Articles 148-2(1)2 and 44(2) of the Road Traffic Act (a point of refusal of measurement of drinking), respectively;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the observation of protection, community service, and lecture attendance order, and Article 62-2 of the Criminal Act (damage to public goods);

1. Determination of types: Nullity of public objects (type 1);

1. Persons subject to special sentencing: None of them;

1. The scope of recommendations: Imprisonment with prison labor for six months to one year and six months (basic area);

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