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(영문) 수원지방법원 성남지원 2018.05.31 2017고정1813
특수재물손괴
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who drives T2.5 tons or more of maws a vehicle.

On August 17, 2017, the Defendant driven the above vehicle at around 17:55 on the 17:00, and driven the five-lane from the Gu-riside to the front side of the outer intersection of Seoul, the first day of which is the city-west, the Defendant: (a) moved the damaged vehicle to the right six-lane; (b) moved to the five-lane on the ground that the victim D (the 47 years old, the remaining) driven the vehicle; and (c) moved to the five-lane; and (d) moved to the five-lane, and (e) moved to the vehicle in front of the damaged vehicle.

After all, the Defendant damaged the property equivalent to approximately KRW 6,129,970 of the cost of repairing the damaged vehicle using a dangerous object.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A traffic accident occurrence report;

1. Written estimate and photographs of parts concerning repair;

1. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, namely, the Defendant attempted to change the vehicle in the future of the victim’s vehicle at least three times prior to the change of the vehicle in the line indicated in the criminal facts; the Defendant attempted to change the vehicle in the line after changing the vehicle from the vehicle in the line of line to the de facto line; the Defendant did not turn on the direction, etc.; the Defendant changed the vehicle in the front of the victim’s vehicle; the Defendant did not turn on the direction, etc.; the vehicle in front of the Defendant’s vehicle; and the balton of the vehicle in front of the vehicle, etc. was turned on, but the Defendant immediately proceeded without the suspension, but the Defendant was found to have stopped after the change of the vehicle in front of the Defendant’s vehicle.)

Application of Statutes

1. Article 369 of the Criminal Act applicable to the crime, Articles 369 (1) and 366 of the Criminal Act, the selection of fines for the crime, and the selection of fines;

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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