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(영문) 의정부지방법원 2018.01.19 2017고단4987

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal history] On September 20, 2012, the Defendant was sentenced to a fine of KRW 5 million due to a violation of road traffic law (driving), etc. at the Jung-gu District Court on September 20, 2012, and on May 28, 2015, the Seoul Central District Court sentenced the Defendant to a fine of KRW 10 million, and completed the execution of the sentence on December 14, 2015 at the Seoul Central District Court.

[Criminal facts]

1. On May 28, 2017, the Defendant violated the Road Traffic Act (drinking) and the Special Property Damage: (a) driven a G car under the influence of alcohol content of 0.195% in the blood alcohol concentration to the F Authorized Brokerage Office of the Victim E’s Office located in D at the same time at the influent area of 12:07 Gyeonggi-si, Gyeonggi-do (hereinafter referred to as the “FF”) around May 28, 2017; and (b) destroyed it by taking advantage of the tools, such as drums, surgs, and surgs, which are loaded front of the above office, which are dangerous objects, and caused damage to the front glass of the above office while being pushed back.

2. Property damage and injury the Defendant shall enter an office of the above certified intermediary with the vehicle set out in the date and at the place specified in the above paragraph 1 and enter the office of the said certified intermediary, and the Defendant shall not wear the tin.

The horses, “,” etc. put the victim’s face at 2 times as drinking, satisfying the victim’s body, etc., which requires approximately two weeks of treatment, such as “the victim’s body” and “the victim’s body.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. On-site photographs;

1. Inquiries about the results of crackdown on drinking driving;

1. A written diagnosis of injury;

1. Written estimate (offices, equipment, etc.);

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 148-2(1)1, 44(1) (the driving of alcohol, the choice of imprisonment), Articles 369(1) and 366 of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, Article 257(1) of the Criminal Act (the occupation of damaging property, the choice of imprisonment with prison labor), Article 257 of the Criminal Act (the occupation of inflicting an injury and the choice of imprisonment with prison labor).

1. Article 35 of the Criminal Act for aggravated repeated crimes.