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(영문) 대구지방법원 포항지원 2017.06.15 2017고단489
공용물건손상등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 April 7, 2017, the Defendant: (a) while driving a D-learning car on the front of the D-learning car located in south-gu Chon at a port at the time of port on April 7, 2017, the Defendant: (b) discovered and predicted that the said vehicle intrudes with the center line; and (c) was under the influence of alcohol on the Defendant’s entrance from the Inspector F of the police box belonging to the coastwise Police Station E box at the port of port at the port of port; and (d) was under the influence of alcohol by making a red light on the inside.

In the case of reasons to determine the person, the person who received a request for the measurement of drinking on four occasions from 05:04 to 05:34 on the same day, but did not comply with the request without justifiable reasons.

2. The Defendant who damaged public goods was at the time and place set forth in paragraph 1, and at a place set forth in paragraph 1, who did not comply with the police officer’s legitimate demand for alcohol measurement, and caused damage to the effect of the Defendant’s use of the G rocketing patrol vehicle’s repair cost amounting to KRW 272,80,00, by exposing the first glass of the police officer, which was used by the public office without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The circumstantial report on the driving of a brewing engineer;

1. Written estimate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 148-2 of the Road Traffic Act applicable to the crime, Articles 148-2 and 44-2 (2) of the same Act (the point of refusing to measure drinking, the choice of imprisonment with prison labor) and Article 141 (1) of the Criminal Act (the damage to public goods, the choice of imprisonment with prison labor) concerning the crime;

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. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the Defendant’s misjudgments and commits a second offense; (b) the Defendant does not have any criminal record other than fines; and (c) the Defendant does not have any criminal record other than fines; and (d) the Defendant’s age, environment, sex, motive for committing a crime, and circumstances after committing a crime, which are the conditions for sentencing specified in the argument of this case, shall be

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