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(영문) 서울중앙지방법원 2017.11.15 2017고단6483

특수재물손괴등

Text

A defendant shall be punished by imprisonment for one year.

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 November 7, 2014, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 7 million by a fine for a crime of violating the Road Traffic Act at the Seoul Eastern District Court on the grounds of a violation of the Road Traffic Act, and on March 8, 2013, by receiving a summary order of KRW 1,50,000 from the Seoul Western District Court to a fine for the same crime on at least two occasions. < Amended by Act No. 11614, Mar. 8, 2013>

On July 7, 2017, around 08:54, the Defendant driven a C-wing truck under the influence of alcohol content of 0.097% while under the influence of alcohol without obtaining a driver’s license in the section of about 600 meters from 911-14 to B, Gangnam-gu, Seoul.

2. Around July 7, 2017, at around 08:54, the Defendant: (a) was driving under the influence of alcohol on the roads located in Gangnam-gu Seoul Metropolitan Government, as prescribed in paragraph (1) on the roads in Gangnam-gu; (b) was under dispute with the driver E of the said taxi on the ground that the injured Do taxi, a transportation company, which was driving in the same direction as before the freight vehicle, stops for the getting off of the passenger; and (c) was under dispute with the said Do taxi driver E on the ground that the Do taxi, which was driving in the same direction as that of the Defendant’s driver, was stopped for the getting off of the passenger; and (d) was damaged so that the

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the defendant concerning the suspect in each police interrogation protocol;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and a report on actual investigation;

1. Each investigation report (Nos. 19, 22, and 29 once a year);

1. A report on the measurement records of drinking alcohol, investigation report (report on the situation of the driver in charge of drinking), a report on the situation of the driver in charge of drinking, and a report on the detection of the driver in charge

1. The driver's license ledger;

1. Written estimate and all certificates of registration;

1. On-site photographs (No. 5 times a net), vehicle photographs (No. 11 times a net), main pages of images (No. 20 times a net), and main pages of CCTV images (part of No. 23 times a net);

1. A previous conviction: A criminal history inquiry report, investigation report (No. 27 times a year), each summary order (No. 28 times a year) (the Defendant’s mistake in the operation of the instrument).