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(영문) 의정부지방법원 2018.10.17 2018고단3088
특수재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 6, 2018, the Defendant: (a) driven a Dbeer or a car while under the influence of alcohol leveling 0.202% of alcohol level in the section of approximately five meters from C heading to C, Namyang-si, Namyang-si; (b) around 18:52 on July 6, 2018.

2. The Defendant damaged a special property: (a) while disputing the victim E in a de facto marriage as a person who was a de facto marriage at the time and place specified in the “1” paragraph, the victim took a beer set forth in the “1” paragraph, which is an object dangerous to escape, or an entrance door installed on the side of the said Cgate, and damaged the glass entrance equivalent to KRW 850,000 at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol concerning the interrogation of suspects of E;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. Notification of the results of regulating drinking driving;

1. Reasons for the investigation report (road judgment);

1. Application of the Acts and subordinate statutes to CCTV-cap photographs, such as internal reports and damaged photographs;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Articles 369 (1) and 366 of the Criminal Act (the point of destroying special property), and the choice of imprisonment, respectively;

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravation of concurrent crimes with the punishment prescribed for the crime of destroying any special property with more severe punishment, and the lower limit of concurrent crimes shall be based on the punishment prescribed for the crime of violating Road Traffic Act);

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] Habitual, repeated crimes, and special damage area (Habitual, repeated crimes, special damage, etc.) . (4 to 10 months) in mitigation area (4 to 10 months) . Where punishment is not granted (including efforts to recover damage), or a significant damage is recovered, the scope of the compared sentence with the sentenced sentence and the recommended sentence: From 6 months to 10 months (decision of sentence] in the crime of damaging property is operated by a motor vehicle under the influence of alcohol and its entrance.

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