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(영문) 수원지방법원 여주지원 2019.09.24 2019고단845

도로교통법위반(음주운전)등

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On June 26, 2015, the defendant was issued a summary order of KRW 4 million by the Military Court of Armed Forces in the Army on June 26, 2015 due to the violation of the Road Traffic Act.

1. Around 02:40 on August 1, 2019, the Defendant driven a motorcycle in the EBR125 under the influence of alcohol leveling 0.178% from the section of approximately 800 meters, from the direction of “D Elementary School”, which was in front of the innju City B, up to the right door.

2. 공용물건손상 피고인은 2019. 8. 1. 03:00경 위 ‘D초등학교’ 정문 앞 노상에서 제1항 기재 범행으로 현행범인 체포된 후 같은 날 03:05경 여주시 F에 있는 G파출소로 인치되었고, 담당 경찰관이 위 파출소 내에서 피고인의 우측 손목과 대기석 의자를 경찰 장구인 수갑으로 고정시키자 03:10경 술에 취해 흥분하여 “씨발 이거 풀어줘! 나 집에 가야된다!”라고 소리를 지르는 등 소란을 피우고, 수리비 143,000원이 들도록 위 대기석 의자 등받이를 왼손으로 잡아 뜯어냈다.

Accordingly, the defendant damaged the will of the above police box, which is used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Written estimate;

1. Scenese photographs for crime prevention of CCTVs;

1. Application of statutes concerning judgment (general military court at the Army Headquarters);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, and Article 141 (1) of the Criminal Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of the punishment prescribed for a violation of the Road Traffic Act with heavier punishment);

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is the defendant's influence of drinking.