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(영문) 춘천지방법원 영월지원 2016.06.14 2016고단102
특수재물손괴등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On August 26, 2015, the Defendant: (a) driven a d SM5 personal taxi under the influence of alcohol leveling 0.178% from the 430-meter section to the C convenience store located in B, from the 430-meter section, in the direction of the water village in the direction of the water village in Yeongdeungpo-gu, Young-gu, Young-gu, Seoul Special Metropolitan City.

2. On August 26, 2015, the Defendant destroyed special property: (a) around 20:55, while driving a Do SM5 individual taxi and parked on the road front of convenience points in C in the Gangnam-gun, Gangwon-gu, Seoul, the Defendant: (b) saw the victim’s objection to the front panion part of the FF car owned by the victim E, which was parked in front of the convenience points in C in the Gangwon-gu, Seoul; and (c) saw the above victim, the Defendant again received the front panion part of the said SM5 individual taxi.

Accordingly, the defendant, who is a dangerous object, destroyed a knife car owned by the defendant, with a Do SM5 private taxi car, about KRW 466,878, such as the front driver.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Each police statement protocol with respect to E and G (including estimates attached to the second police statement protocol for E);

1. A H statement;

1. Application of Acts and subordinate statutes to reports on detection of drivers engaged in the primary business and reports on the circumstances of drivers engaged in the primary business;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2, 44 (1) of the Road Traffic Act (driving alcohol), Articles 369 (1), 366 of the Criminal Act (the point of special property damage), and 366 of the Criminal Act (the fact that there is no criminal record exceeding 10 years of punishment or a fine, the fact that there was no agreement with the victim E of special property damage, and the fact that the defendant recognized all of the crimes of this case and reflected against him/her);

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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