(영문) 대구지방법원 영덕지원 2014.02.05 2013고단222

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 영덕지원 2014.02.05 2013고단222

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 04:00 on June 22, 2013, the Defendant was driving a Clockner in a section of approximately two kilometers from the street shop in the same Eup/Myeon 533-1 in front of the same Eup/Myeon dong-ri, the NNNN Do, the NNNN Do, and the Defendant was driving a Clock truck in the section of the same Eup/Myeon 533-1.

2. The Defendant causing property damage, like Paragraph 1, was found at the victim E’s house located in a trophical group D located in a temporary troupe and damaged property worth approximately KRW 130,000 at the market price by breaking up two of the victim’s house windows (a.g., 7- cent meter, 1 meter in length) and one of the shock net.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to E;

1. Each entry in the register of receipts and driver's licenses;

1. Application of statutes on images of on-site photographs;

1. Relevant Article of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 36 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the length of two crimes concerning the crime of destroying and damaging heavy property) among concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation, community service order, and order to attend a lecture has a record of being punished several times for crimes related to the Road Traffic Act, and the victim did not compensate for the damage even if the victim had damaged the property.

On the other hand, the economic value of the property damaged by the defendant is not high, and it does not cause a traffic accident in the course of driving.

Such various circumstances and other conditions of sentencing, including the defendant's age, character and conduct, and circumstances after the crime, shall be determined as per Disposition.

Parts of innocence

1. This part of the facts charged.

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