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(영문) 대전지방법원 홍성지원 2018.05.29 2018고단196
특수재물손괴등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and victim C(38 tax) are between the external institution and the external institution.

1. On February 8, 2018, the Defendant damaged special property: (a) was placed in the Fransh car, which is a dangerous object that had been driven by the victim in the street in front of the “E” located in Boan-si, Boan-si, Ma, and was placed in the Fransh car and was parked in the vicinity of the said seat; and (b) was placed three times on the top side of the Gpoter Ⅱ truck owned by the victim and parked in the vicinity of the said seat.

As a result, the defendant damaged the above cargo vehicle owned by the victim to the extent that the repair cost equivalent to KRW 1230,126 was damaged.

2. The Defendant violated the Road Traffic Act (Refusal of measurement of drinking), at around 19:40 on the same day, driven by the Defendant under the influence of alcohol, such as: (a) in front of the police officers dispatched at the time of arrest, who were arrested and taken custody of a flagrant offender; (b) in front of the police officers called up at the time of arrest, the Defendant took part of other vehicles; (c) took part of the vehicle; (d) took part of the vehicle; and (e) took part of the vehicle; and (e) took part of the vehicle; and (e) took part

The police officer of the above H police box was requested by I to respond to the measurement of alcohol by means of pulmonary investigation, due to reasonable grounds to determine the person.

Nevertheless, the Defendant refused to measure the three-lane drinking on the same day, around 19:57, around 20:07 on the same day, and around 20:17 on the same day.

Accordingly, the defendant is in a drunken state.

A person who has reasonable grounds to be appointed as a person has not complied with a police officer's measurement of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C and I;

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

1. The application of Acts and subordinate statutes to a report on investigation (Attachment of a quotation), a report on investigation (Attachment of photographs showing the status of damage to the site and vehicles);

1. Article 369(1) and Article 366 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and Article 148-2(1)2 of the Road Traffic Act.

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